
Class J_^^^ 
Book. 




GwigMK". 



C'OFWIGHT Dh'USir- 



^tate pistors ^ct;ics 



A 



HISTORY OF ALABAMA 



FOR USE IN SCHOOLS 



BASED AS TO ITS EARLIER PARTS ON THE WORK OF • 
ALBERT J. PICKETT 



BY 



AVILLIAM GARROTT BROWN 



UNIVERSITY PUBLISHING COMPANY 

NEW YORK AND NEW ORLEANS 

1900 



93035 

Library of Cona 
IWO Co»»5tS RECEWtO 

DEC 24 1900 



SEOWI) COPY 

0«(w««d to 

080£A {XViSKm 
IAN 10 IQQI I 



1- 3^ 



Copyright, 1900, by 
UNIVERSITY PUBLISHING COMPANY 




TO THE MEMORY OP 

ISHAM WARREN GARROTT 

BRIGADIER-GENERAL, C. S. A. 

KILLED IN THE TRENCHES 

AT VICKSBURG 



PREFACE. 



Writers of history are not, as a rule, very conceited persons, yet one 
often finds tlie writer of a school history, one of the hardest forms of his- 
torical work, claiming beforehand complete success in his undertaking. 
For my own part, I am inclined rather to crave indulgence on the score 
of the difficulties that beset my enterprise. To be accurate in all specific 
statements, to select the really important facts out of a great number, 
to weave them into a story that young people will find interesting, to 
make the stoi-y neither too long nor too short, and to tell it in a style 
suited to children at the beginning of their teens — this has not been to 
me a simple and easy task. The scantiness of the material relating to 
certain periods, the undigested state of the material relating to other 
periods, the lack of formal histories with which to compare my own, 
were difficulties in my way. Other difficulties will occur to any one 
familiar with my subject. 

If I have in any measure surmounted these obstacles, much of the 
credit must go, along with my sincere thanks, to those who have helped 
me. Albert S. Gatschet, master of the languages and history of the 
Southern tribes of Indians, has carefully examined and criticised for 
me the introductory matter on the Indians of Alabama, which is further 
enriched with his map. Professor W. S. Wyman has been so prodigally 
generous of his gleanings in that and other fields of Alabama history that 
I can hardly make with him the quarrel I meant to make for the inveter- 
ate modesty that keeps him from writing more himself. Hon. Hilary 
A. Herbert has aided me very materially in the treatment of later peri- 
ods. Others who have helped with suggestions and criticisms are Judge 
Robert C. Brickell and Judge Thomas N. McClellan, former Governor 
Thomas G. Jones, Dr. J. L, M. Curry, Mr. Chappell Corey, Hon. Robert 
P. McDavid, and General Marcus A. Wright. 

Professor Eugene A. Smith's admirable geological and physiographical 
stu^ly of Alabama in the Appendix speaks for itself. Mr. Peter J. 
Hamilton, besides the debt under which he placed me by the timely 
pul)lieation of his " Colonial Mobile," a work altogether creditable to 
the city which is its central subject, has rendered more direct and 



6 PREFACE. 

specific kindnesses. Mr. Owens's "Bibliography" is, of course, invalu- 
able. Professor J. H. Phillips, of Biriningliam, and President James 
K. Powers, of the State University, have exerted themselves in my behalf. 
My good friends, Thomas H. Clark, of the Congressional Library, and 
Francis G. Caffey, of Montgomery, have placed at my disposal the re- 
sults of their own studies. Other personal friends — among them two 
young Harvard men, Mr. Clarence R.. Wilson, of Washington, and Mr. 
Edward Harding, of iSTew York — have helped in various ways. 

Mr. C. L. Patton, of the University Publishing Company, editor of the 
series, and himself at one time a resident of Alabama, has given me the 
full benefit of his experience in the making of school histories. He is 
responsible for the maps and illustrations. 

Much as these gentlemen have contributed to give the book whatever 
merit it may have, none of them can be held responsible for any demerits 
and mistakes which may be charged against it. 

Writing of my own people, I escaped the temptation to set down 
aught in malice. I have striven against the temptation to extenuate, 
for I have written also as an American, ardently attached to my whole 
country, and determined from the first that no word of mine should ever 
weaken in any child's mind that de^^otion to the great Republic w^hich in 
me is grown into a passion. Yet I have not thought it right or necessary 
to abate one jot of that reverence for the great captains of a long-lost 
cause, that love and respect for its devoted private soldiers, which I 
learned in my own childhood, when, with boys and girls like those who 
will perhaps read these pages, I marched on Memorial Day to lay flowers 
on Confederate graves. 

Yet I also wish that children who study the book may be encouraged 
to have their own opinions about the course our fathers took at different 
times. Writing the text, I have felt it necessary to withhold the criti- 
cism or praise their acts suggested. Looking over the story once more, 
and writing now from the outside of it, I feel like saying at least this : 
These fathers of ours came of a strong race, and they lived under con- 
ditions peculiarly trying to strong men. They made mistakes, no doubt, 
for they were only human. Yet I rise from the study of them and the 
State they builded with increased pride in the heritage of political ideas 
and social usages, of honesty, of manhood, of strength of body and 
cleanness of mind, which they got from their fathers and left in turn 
to us. 

W. G. B. 

November 28, 1900. 



CONTENTS. 



Map of Alabama Frontispiece 

PAGE 

Preface 

Introduction : 

The Indians of Alabama 

CHAPTER 

I, The March of the Spaniard 

II. The Settlements of the French .... 

III. Crozat's Experiment 

IV. Law and his Company . . . 
V. The Approach of the English .... 

VI. The Last op Bienville — Vaudreuil and Kerlerec 

VII. The Rule of the British 

VIII. The Revolution — McGillivray .... 
IX. The Last of McGillivray — Spanish West Florida 

X. The Mississippi Territory 

XI, Changes in the Mississippi Territory — Mobile 

Taken 

XII. The Creeks on the War-path .... 

XIII. Jackson's Campaign 

XIV. The Creeks Conquered — Alabama a Territory . 
XV. Alabama a State in the Union .... 

XVI. The State Government Organized— Governors Wil- 
liam W". Bibb and Thomas Bibb 
XVII. Administration of Governor Pickens 
XVIII. The Administration of Governor Murphy . 
XIX. Administrations of Governor Gabriel Moore and 

Governor Samuel B. Moore 153 



8 Contents. 

CHAPTER PAGE 

XX. Administration of Governor Gayle .... 160 

XXI. Administrations of Governors Clay and McVay . 168 

XXII. Administration of Governor Bagby .... 177 

XXIII. Administration of Governor Fitzpatrick . . 184 

XXIV. Administration of Governor Martin . . . 192 
XXV. Administration of Governor Chapman . . .199 

XXVI. Administration of Governor Collier . . . 206 

XXVII. Administration of Governor Winston , . . 213 
XXVIII. Administration of Governor Moore — Alabama in 

I860 220 

XXIX. Administration of Governor Moore — Alabama a 

Confederate State 228 

XXX. Administration of Governor Shorter . . . 236 

XXXI. Administration of Governor Watts .... 245 

XXXII. After the War — Governors Parsons and Patton . 256 

XXXIII. Alabama Reconstructed — Administration of Gov- 

ernor Smith . ' 264 

XXXIV. Administrations of Governors Lindsay and Lewis . 273 
XXXV. Administration of Governor Houston . . . 281 

XXXVI. Administration of Governor Cobb .... 287 

XXXVII. Administration of Governor O'Xeal . . . 295 

XXXVIII. Administration of Governor Seay .... 301 
XXXIX. Administration of Governor Jones .... 308 

XL. Administration of Governor Gates .... 317 

XLI. Administration of Governor Johnston . . . 323 

Appendix : 

Physical Geography and Natural Divisions of Alabama 
List of Counties with Population .... 

State Officers 

Constitution or the State of Alabama 
Index 



1 
xiii 

XV 

xxii 
xlix 



INTRODUCTION. 



THE INDIANS OF ALABAMA. 

The Indxcins found in Alabama by the earliest European explorers were 
not unlike those of later times. They were of a reddish or cinnamon- 
brown complexion. The men were for the most part athletic and well 
proportioned, and many of the women were handsome. Both sexes wore 
mantles made of the inner bark of trees and of a species of flax, and they 
adorned themselves with ornaments of shells and^ pearls, sometimes ar- 
rang^ed in the form of bracelets. Many wore moccasins which were made 
of dressed deerskin. They usually painted their faces and bodies; some 
punctured themselves with needles of bone, and then rubbed in a sort of 
indelible ink. They dressed their heads with feathers of eagles and other 
birds. 

The bow was the most formidable of their weapons. The string was 
of deer's sinews, and the arrows were made of hardened cane with heads 
of hard wood, fish-bone, or flint. There are probably few boys in Ala- 
bama, outside the cities, who have not seen an Indian arrow-head. Shields 
were made of wood, split canes, or hides. Tliere were wooden spears, 
with points of flint or fish-bone, and war clubs, bolli oval and edged. 
How well the natives could use such weapons, even the armored Spaniards 
were made to feel. 

In their social customs the early Indians did not differ much from their 
successors and descendants two centuries later. They drank a sort of tea 
known to the colonists as the " black drink." Feasts, bow shooting, ball- 
playing, and dancing were among their amusements. Their houses and 
towns, though rude, were apparently somewhat better than those of the 
Indians of more recent years. It seems to have been a common practice 
to build the houses of the chiefs on mounds of considerable height. In 
Mauvila the houses fronted on a large public square, and the town was 
encompassed by a high wall, built of tree trunks, plastered with mud. 
Generally each family possessed a winter house, daubed inside and out- 
side with clay, and another, more open, for tlie summer. 



10 



Introduction. 




BOW, AUUOWS, CLUB, 
AND SPEARS. 



Besides the building of houses and the making 
of weapons, canoes, and clothing, the principal 
industries were hunting, fishing, and a simple 
form of agriculture. The fertile soil made quick 
returns. Peas, beans, squashes, pumpkins, and 
corn were grown. Persimmons were made into 
cakes. Corn was pounded in mortars. In dig- 
ging they used rude hoes made of fish-bones or 
wood. The planting was done chiefly by women. 

The sun w^as an object of worship, and the moon 
and certain stars were regarded with great rever- 
ence. In several places temples were found, filled 
with the bones of the dead. The religious cere- 
monies were curious and fantastic. 

But for our purposes it will be best to study the 
Indians of Alabama, not at this early time, but 
some two hundred years later, when white men 
had begun to make settlements among them. For 
this later period we have sources of information 
more various and far more trustworthy than the 
narratives of the Spanish expedition. Ai the out- 
set, however, we are confronted with the question 
whether the same races which De Soto found were 
still inhabiting the lands along the Alabama River 
in the eighteenth century. The two answers to 
this question can be considered more intelligently 
when we have taken a view of the various tribes as 
they existed at the later period. 

The Indians who from the time of the first Euro- 
pean settlements played a part in the history of the 
lands embraced in the present limits of Alabama 
may be treated as belonging to four geograpiiical 
groups. These were the Cherokees, the Chicka- 
saws, the Choctaws, and the Creeks. Roughly 
speaking, these four divisions correspond to the 
four corners of the State. The Cherokees, whose 
principal seats were in northern Georgia, eastern 
Tennessee, and the western parts of the two Caro- 
linas, occupied only the northeastern corner of 
Alabama. The extreme northwestern corner was 
occupied by the Chickasaws, who also possessed 



THE INDIANS OF ALABAMA. 



11 



tlie northern portion of what is now Mississippi. The middle and 
southern parts of Mississippi and the western and southwestern parts of 
Alabama belonged to the Choctaws. The Creeks held the eastern half of 




LOCATION OF INDIAN TRIBES. (Adapted fioiii Gatschet.) 



the state, south of the Cherokee country, and their domains extended 
into Georgia. 

It is impossible, however, to fix with accuracy the boundaries of these 
four " nations." Only the Creeks had their principal seats in Alabama, 
and they occupied a larger share of its territory than any of the others. 
The region south of the Tallapoosa and between the Alabama and the 
Chattahoochee was a waste hunting ground. 



12 Introduction. 



THE CHEROKEES. 

Tsalagi is the correct form of the Indian name of the Cherokees. They 
had no kinship with the other Indians of Alabama, and spoke a different 
language. They were, however, brought into frequent contact with the 
Creeks, whose territory joined the lands of the Cherokees on the south 
from the Savannah River to the Black Warrior. The Cherokee territory 
lay on both sides of the lofty mountains of the Appalachian system. 
The towns of the upper or " overhill" branch lay on the head waters of 
the Tennessee. The lower Cherokee settlements were on the head waters 
of the Georgia rivers and along the Coosa and Tennessee Rivers in north- 
eastern Alabama. Some of these towns were visited by De Soto; and 
there is no reason to doubt that the Cherokee Indians were inhabiting 
the region at that time. 

In the eighteenth century the " nation" became involved in war with 
the English settlers on the Atlantic coast, but ordinarily the Cherokees 
were friendly to the English. The English traders visited their towns, 
and through them made journeys to the Indian settlements in Alabama. 

The Cherokee warriors are described as fine specimens of manhood, sur- 
passing most Indian races in height. In color they were, according to a 
traveller who visited tliem in 1778, somewhat lighter than the Creeks. 
They had a custom of slitting and stretching their ears by a process that 
must have been extremely painful ; and they shaved off all the liair of 
their heads except a small patch at the back. Their hands and feet were 
femall. Some of the women, we are told, were very attractive in appear- 
ance. 

The Cherokees were extremely fond of dancing and of ball-playing. 
Their burial rites were peculiar. When it was apparent that a sick man 
could not recover, they prepared his grave, anointed his hair, and painted 
his face; and when he died they buried the body immediately. His guns, 
bows, and household utensils were buried with him. Sometimes a heap 
of stones was raised to commemorate one who had died away from home 
and whose bones could not be recovered. Each passer-by added a stone 
to the pile. 

The Cherokees were a warlike race and they frequently made incursions 
upon neighboring tribes. Honor and praise were always given to the 
valorous, and high social station was gained by great achievements in war. 
In most of their customs, however, the Cherokees resembled their neigh- 
bors the Creeks, who will be described at greater length. 



The Indians of Alabama. 13 

II. 

THE MUSCOGEE FAMILY — CHICKASAWS AND CHOCTAWS, 

Passing from tlie Cherokees, we may say of the remaining Indians of 
Alabama that with the exception of a few tribes, which will be mentioned, 
they had one bond of connection. The great bulk of them belonged to 
a certain group of tribes, called the Ilaskoki or Muscogee family. 
The basis of this grouping is kinship of languages or dialects. In other 
respects the Indians of Alabama showed considerable diversity. The 
Clioctaws and Creeks were unlike in appearance and were frequently at 
war with each other. But there was an affinity of the several dialects, 
which may be illustrated by considering the forms a particular word as- 
sumes in each. For example, the word for chief in Choctaw is mingo ; 
in Chickasaw, minko; in Creek, miko; in Alabama, miko; in Coosawda, 
miku. 

But the Muscogee tribes were not confined to Alabama. They held a 
commanding position in the Gulf States, extending from Florida and 
eastern Georgia to the Mississippi River and beyond it. The most im- 
portant tribes, however, were represented in Alabama. The name Mas- 
koki itself means an individual of the Creek nation, the most powerful 
tribe of the entire group. The plural form of the name is Maskokalgi, 
and the word is usually written Muscogulgee by English writers. For the 
purpose of clearness, scientists call the Muscogees proper Creeks, and 
give the name Maskoki to the whole language-family to which the Creeks 
belong. 

The tribes of the Muscogee group were characterized by fine qualities 
of body and mind, and played a great part in. Indian history. In their 
wars with the whites they were formidable antagonists, but, like other 
Indian tribes, they never firmly combined against the foreign foe. 

The best fighters of all the tribes were the Chickasaws. Their reputa- 
tion for bravery was maintained in many wars. When the Spanish ex- 
plorer De Soto was in their country they attacked his camp at midnight, 
terrified his army, destroyed his baggage, and burned the town in winch 
he was quartered. Two hundred years later the French fared no better 
at their hands. In their contests with the neighboring Indian tribes 
they were usually victorious. The Choctaws, the Cherokees, and even the 
powerful Creeks had reason to respect their prowess. They went on 
nuiny warlike expeditions to the north and west, and their liunting 
grounds extended us far northward as the Ohio. 

They excelled also in the chase. So expert were they in tracking that 



14 • INTRODUCTION. 

they could follow the traces of a fleeing enemy at a gallop. The warriors 
were not fond of agriculture. This was left to the women. The men 
preferred to win a livelihood by plundering enemies or pursuing game. 

Towards the close of the eighteenth century the Chickasaw Indians 
lived in the rolling prairie country of which the county of Pontotoc, 
Mississippi, is about the centre. Their houses were arranged in fouf 
towns or groups of towns. The whole number of their warriors or " gun 
men" was but a few hundred, though the stories of their exploits in 
earlier times would lead us to believe they had been much more numer- 
ous. There is some evidence that at one time they had a colony on the 
Savannah River, opposite Augusta, Ga., but it was short-lived. One 
fragment of the tribe was reduced by the Creeks, with whom they have 
since lived. 

Both in language and in customs the Chickasaws and the Choctaws 
were much alike. It is practically true to say that they spoke the same 
tongue. Together they constituted the western half of the Muscogee 
family. 

Next to the Creeks, the Choctaws were the most important of all the 
Indian peoples who appear in the early history of Alabama. The first 
permanent settlements of Europeans were made on lands subject to them ; 
and throughout the whole course of their dealings with the Europeans 
they proved themselves the white man's friends. 

The limits of the Choctaw country for any particular period cannot 
be stated with certainty. It was bounded on the south by the Gulf ; 
on the west it extended to the Mississippi, and emigration beyond that 
river began with this tribe somewhat earlier than with their neighbors. 
On the north were the Chickasaws. Towards the middle of the eighteenth 
century the ridge separating the waters of the Tombigbee from those of 
the Alabama was the usual boundary between the Choctaws and the 
Creeks, whose lands lay to the eastward. 

Cha'hta, the Indian name designating an individual of the Clioctaw 
tribe, is by some supposed to be the Indian way of pronouncing a Span- 
ish word meaning flat. The Spaniards called the Indians of southern 
Mississippi and southern Alabama Chatas Cahegas, raeaning I' lat Heads, 
or simply Chatas. The French called them Tetes-Plattes, meaning the 
same thing. The name is due to their custom of flattening the heads of 
their male infants. The common English form of the name is Choctaw. 

Tlieir flattened heads were not the only physical marks by which the 
Choctaws were distinguished. They were generally darker than the 
Creeks. This, however, has been attributed to the smoke of their light 
wood fires, and to their uncleanly habits. They were not fond of water; 



The Indiaxs of Alabajma. 



.15 



as a rule, they could not swim. In other respects, however, the Choc- 
taws living away from the coast are described as generally resembling 
the Muscogee tribes. The southern or coast Choctaws are said to have 
been lazy and cowardly. 

In their customs the Choctaws were more domestic and thrifty than 
the Creeks, and they were further advanced in the art of tilling the soil. 
They were not in the habit of making long expeditions outside their 
own country, but fought bravely when it was necessary to resist inva- 
sion. The men were not too proud to help the women work. They were 
hospitable, cheerful, witty, and cunning, and they excelled in oratory. 
In general, it may be said that they exhibited less of savage wildness and 
better industrial qualities than either the Chickasaws or the Creeks. 
Among their greatest faults were gambling, intemperance, and the habit 
of begging. Among thoir virtues should be mentioned so much of 
mercy as led them to kill their prisoners at once instead of torturing 
them for hours. 

Besides ball-playing, they were very fond of: a game called chunke. 
It was played on an alley two hun- 
dred feet long, with a hard clay 
surface. Down this alley one of 
the players would hurl a stone, 
shaped like a grindstone, two 
spans round and two inches 
thick at the edge. Another cast 
a pole at the running stone. If 
he succeeded in striking it, ho 
counted one. The first i)liiyer 
threw his pole at the pole thrown 
by the second, and scored one if 
he could strike it and divert it 
from its aim. If neither suc- 
ceeded, there was no score. The 
game was eleven points. 

Of all the customs of the Choc- 
taws their funeral rites were the 
most remarkable. Like other In- 
dians, they collected and cleaned 
the bones of the dead. But the 
details of this ceremony among 

the Choctaws were so horrible that it is unpleasant to read of them. In 
other respects, also, they were accustomed to violate rules which among 




MEDICINE MAN. (Catlill.) 



16 INTRODUCTION. 

civilized people are prescribed by decency. Their religious ideas were 
not clearly defined. They lived close to white settlements for many 
years, yet the Christian missionaries were not able to make much 
progress among them. That they were capable of faith, however, is 
evident from the implicit obedience they paid to their " medicine men." 
When one of these pronounced a sick person incurable, the kinsmen 
usually strangled the patient at once. 

In the southern part of the Choctaw country there were several tribes, 
mostly of Choctaw origin, but having different names. One of them was 
the Biloxi (in Choctaw B'luksi), who were settled in the neighborhood of 
the present town of that name on the Mississippi Sound. Another was the 
Mobilians, who were probably descendants of the people who inhabited 
Mauvila in De Soto's day. In 1708 the surviving Indians of this tribe 
were settled on Mobile Bay, to which they gave their name. A third was 
the Tohome, Thomes, or Thoniez tribe, whose settlement was about 
twenty miles from the site of Mobile. Other tribes lay further west. 

The Tensaw or Taensa Indians, who in early colonial times were estab- 
lished by the French on Mobile Bay, were not related to the Choctaws. 
They did not belong to the Muscogee family of tribes. They fled from 
their original habitations, in the present county of Tensas, in Louisiana, 
on account of a disastrous war with the Chickasaws. Apparently they 
occupied first the western and then the eastern side of the bay, and from 
them the Tensaw Kiver gets its name. 

III. 

THE CREEKS AND THEIR CONFEDERATES. 

Of all the Alabama Indians the Creeks are the most important. No 
other Indian race has played a more interesting part in American 
history. But when we speak of the Creeks it is necessary to keep in 
mind both the Creeks themselves — the Muscogees proper — and certain 
other tribes which inhabited portions of the Creek country and helped to 
make up what was called the Creek Confederacy. 

The name Iluscoyee {MasTxoki) is not satisfactorily explained. The Creeks 
themselves cannot explain it from their own language. A good theory is 
that it was first applied to them by other tribes. The Cherokee name for 
a Creek Indian is Agusa. The English name CretVi's doubtless arose from 
the large number of small streams which the traders found in the Creek 
country. The principal seats of these Indians were on the rivers Coosa, 
Tallapoosa, and Chattahoochee. They had towns also on the River Flint, 



The Indians of Alabama. 17 

in Georgia. The dwellers on tlic Coosa and Tallapoosa were called the 
Upper Creeks; those in the Chattahoochee country in southeastern Ala- 
bama and southwestern Georgia were called the Lower Creeks. This lat- 
ter term was held to include a part of the Seminoles also; for many of 
the Seminoles ( "separatists " or " runaways") were of pure Creek stock 
and spoke the Creek language. The limits of the Creek country cannot 
be fixed exactly for any period. For the greater part of the eighteenth 
century, however, the "nation" may be considered as extending from 
near the Tombigbee River on the west, somewhat beyond the Flint River 
on the east; and from the Cherokee country to the neighborhood of the 
Gulf. 

What proportion of the inhabitants of this region were pure Creeks 
cannot be stated authoritatively. We know that some of them were not. 
Some toW'US, it is said, were occupied by Indians who had given up their 
own languages and customs, and adopted those of the dominant race. 
Others, however, retained their own dialects, and of them it is possible to 
speak with more assurance. Some of them spoke dialects belonging to 
the Muscogee group; but several were probably bound to the Confederacy 
by political ties only. 

The Alabama Indians belonged to the Muscogee stock, but their lan- 
guage differed from the Creek, and they did not lavishly adopt the Creek 
customs. It is probable that they were closer akin to the Choctaws than 
to the Creeks. The name of the tribe is written in several ways: for 
example, Allibamou, Alibami, Albamou, Alabamons. What the name 
means is not known with certainty. The towns of the Alabama s were 
situated along the banks of the Alabama River, not far from the point 
where the Coosa and Tallapoosa mingle their waters to form that stream. 
From one of these towns, Atagi, the county of Autauga gets its name. 

The Koassati or Coosada Indians lived on the northern side of the Ala- 
bama River, not far from the Alabama towns. They are represented as a 
separate tribe, l)ut their dialect, which can be studied at the present time, 
differs but slightly from the Alabama. In the country of the Lower 
Creeks lived the Apalachi and Ilitchiti tribes, whose dialects are Musco- 
gee, but not Creek. Other tribes of the jMuscogee family, like the Semi- 
noles, lived in Georgia and Florida, but have little to do with the history 
of Alabama, since they did not belong to the Creek Confederacy. 

In the Chattahoochee region there were also settlements of Yuchi or 
Uchee Indians. Though united with the Creeks politically, their language 
and customs indicate that they were otherwise a separate and distinct 
people. They are not reckoned among the Muscogee tribes at all. Their 
original settlement was probably on the lower Savannah River, and there 

2 



1 8 IN TROD UCTION. 

is reason to believe that one of the tribes De Soto found in that region 
was Uchee. Some of them removed to the Chattahoochee country about 
the year 1729. Here the principal Uchee town was established oi^ the 
west bank of the Chattahoochee. A traveller who saw it in 1775 says : 
"It is the largest, most compact, and best situated Indian town I ever 
saw." Other Uchee settlements were on the Flint River in Georgia. 

It is also believed that Indian tribes, not of the Muscogee family, lived 
among the Upper Creeks. There are traces of a colony of Shawnees. 
Taskigi, in the fork of the Coosa and Tallapoosa Riv^ers, is said to have 
been a town of foreign origin, whose people gave up their own language 
and customs for those of the Creeks. A like account is given of Tuka- 
batchi, a town of much importance, as we shall see. We shall see, too, 
that in historical times some Nachez (Xaktche) Indians, driven from their 
own country on the Mississippi, got a new home on the upper Coosa 
River. 

Coming now to the genuine Creeks, we find that they were among the 
most remarkable of all the Indians of North America. Less numerous 
and less industrious than the Choctaws, probably less striking in personal 
appearance than the Cherokees, and not quite as warlike as the Chicka- 
saws, they were yet of more importance in the history of the southern 
country than any of their neighbors. 

The Creek warrior was, as a rule, taller than the average white man, 
well formed, erect, and graceful. He was apt to be proud and arrogant, 
ambitious of conquest, and fond of arms. Tlie women were usually 
small, but many of them had pleasant features and expressive eyes. 
Both sexes were fond of ornaments and adorned themselves with trinkets 
of various sorts. Earrings were commonly worn, and the heads of the 
warriors were often bedecked with feathers of the eagle and other birds. 
Their clothing was rather scanty, but when the white traders came among 
them those Indians who could afford it bought gaily colored garments, 
which they wore in fantastic ways. They also painted their faces and 
arms, sometimes puncturing their skin with gar's teeth and then rubbing 
in a dye made of the drippings of pine roots. 

It is not exactly true to say that they lived in the woods. When not 
engaged in hunting or in war, their time was chiefly spent in their towns 
or villages. It is worth while for us to know what a Creek town was like. 

The houses were cabins of very rude construction, the chief materials 
being wood and clay. They were arranged in groups or clusters, and each 
group of houses was inhabited by a group of kin-folk, belonging to the 
same clan or gens. This fact is worth remembering, because blood rela- 
tionship was an all-important thing among the Indians, and we cannot 



The Indians of Alabama. 19 

understand tlicir life without some knowledge of their idea aljout the 
family. When a child was born, it belonged to the clan or gens of its 
mother. ^Yhen a young man wished to marry, he had to take a wife 
from some gens besides his own. When a man was killed in a quarrel, 
vengeance was taken by the gens to which he had belonged. Each gens 
had a name, usually that of an animal, a plant, or some other natural 
object. Thus we hear of the ))ear gens, the wolf gens, the hickory nut 
gens, the wind gens, and the like. The number of these clans in each 
town varied, and the towns varied considerably in size. 

Each of the towns had a public square, and in this respect differed 
from the smaller settlements, which may be called villages. The square 
was usually enclosed by four houses or sheds, which opened upon it. 
Each of these houses w^as divided into three compartments, and in each 
compartment were three benches or platforms, covered witli mattiug, on 
Avhich the head men and warriors of the tribe were accustomed to sit or 
lounge, and smoke. The right to occupy certain seats in these public 
houses during performances was a mark of rank and standing. As the 
sheds were entirely open on the inner side, the occupants of the benches 
could see everything that occurred in the square. 

IS ear the square, or " great house " as it was called by some writers, 
was the council house or ''hot house." This was shaped like a cone or 
pyramid, having a pole in the centre and a sloping roof of bark ; on the 
inside, next the wall, was a circular seat. The public play-ground was 
also near the square. 

The head man of the town was the chief, or miko. Each town was ac- 
customed to take its cliief from a particular family. When a miko died, 
his successor was usually the next of kin on his mother's side, in most 
cases a nephew. This was in accordance with the Indian notion of the 
family, for the father's kinsmen belonged to a different gens. The au- 
thority of the miko was by no means absolute; when an important ques- 
tion came before a tribe, such as the question of peace or w-ar, a council 
was held to decide it. Great respect was given to the opinions of old 
men and those experienced in war and in the service of the tribe. Coun- 
cils were held in the square, or, if the weather was cold, in the council 
house. 

The Creek men were rather indolent. Their principal means for get- 
ting food were hunting and fishing. Agriculture was for tlie most i)art 
left to the women. In the small patches around the towns simple cro[)S. 
easily raised, were planted. Corn was the commonest article of food and 
was usually eaten in the form of grits. The women did all tlie cooking 
and house work. They were treated with little respect or affection. 



20 INTRODUCTION. 

Nevertheless, they showed a dcg-like fidelity to their husbands, who, 
when not engaged in war or in the chase, spent their time cliiefly in 
loafing and smoking about the square, or in playing such games as 
chunke and ball. 

The game of ball was an exciting one. The warriors of one town 
having challenged those of another, a day and place were appointed. 
Large crowds collected and wagers were made, for the Indians were great 
gamblers. War whoops and songs announced the approach of the con- 
testants. Each player had two rackets or hurls, shaped like ladles or 
hoop nets, with handles of w^ood and netting of raw hide or the tendons 
of animals. In the centre of the field were fixed two poles, and the ob- 
ject of each side was to hurl the ball between these poles in the direction 
of its own town. At the beginning the ball was thrown in the air, and 
then began the wildest and fiercest of scrambles. Hair was pulled, limbs 
were frequently broken, and sometimes lives lost. The spectators, fran- 
tic with excitement, made higher and higher bets, until in some cases 
they staked the very clothes they wore. The women, running about 
with gourds of water, watched their chance to supply the players. The 
game was usually from twelve to twenty points, and the struggle some- 
times lasted for hours. 

Dancing was another amusement which tested the endurance of the 
Indians. The council house, where most of the dances were held, had 
no chimney. Yet a fire usually burned in the centre, and around this, 
in the smoky atmosphere and the fearful heat, the young warriors and 
maidens would dance for hours without apparent inconvenience. 

lY. 

THEIR CEREMONIES. 

The Creeks, and indeed all the North American Indians, had a great 
many ceremonies. One Creek ceremony was particularly curious — the 
annual busk, ov puskita. This was originally a fast ; it lasted eight days, 
and was held about the time the crop of Indian corn matured. It marked 
the beginning of the new year. Strange dances, frequent batlis in cold 
water, and tlie kindling of a new fire were features of the celebrations. 
Great quantit ies of tlie " black drink " were taken. This was brewed from 
the leaves of a plant — the Ilex Cassine, or yaupoii, a species of holly still 
found in Alabama. The Iiulians were very fond of this drink. At the 
end of the busk all crimes that had been committed, except murder, were 
pardoned. 




The Indians of Alabama. 21 

Funerals were also occasions of much ceremony. The gun, tomahawk, 
and otlier articles belonging to the dead warrior were buried with him. 

But the longest of all the ceremonies was that through whicli the boys 
had to pass to become warriors. To be a warrior was to be a member of 
a privileged chiss; for fighting was the occupation hekl in highest honor. 
The youth was for months subjected to 

a rigid discipline, taking physic, fast- 

ing, and living almost entirely alone. ^^^i^'fl ft^^"lfc-:i-' ^~' ''^'~ ' "^ -^^^ 
At the end of his initiation he might 
go on the first military expedition that 
offered, and by some bold exploit he 
could then win for liimself a name, or tomahawk of shell. 

war title ; for until they became war- 
riors Creek boys liad only nicknames, or the names of their mothers. 
From earliest childhood, however, they were trained to look forward to 
battles and the taking of scalps; they were hardened by exposure and by 
scraping their knees witli gar's teeth, and they were taught to be cruel. 

Each town or tribe might make war when it chose. In fact, each 
warrior was at liberty to take the field whenever an opportunity offered. 
This accounts for the frequency of Indian wars. It is not known that 
more than lialf tlie Creek towns ever went to war at the same time. When 
on the war-path the warriors were called Red SficJcs, because red was a 
symbol of wai'fare, r.nd sending a red stick was a method by which the 
chiefs summoned their followers. 

The war chief or great warrior in each tribe was originally distinct from 
the miko, whose authority was not military. In later times, however, 
the two offices seem to have been combined. Tlie great warrior marched 
at the head of Ids party; the others followed in single file, each stepping 
in the footprints of his predecessor, and the last man obscuring the tracks 
so that an enemy might not know the route taken. In camp all sat in a 
circle, and after the signal for sleep had been given no man was allowed 
to stir. The attack was made secretly, if possible. The war chief having 
given his followers war pliysic, they went into the fight convinced that 
they luid charmed lives, and they fouglit bravely. In the earlier times 
bows, arrows, war clubs, and tomahawks were their weapons, but later 
they ])urehased muskets from the white traders. While on the march 
they lived chiefly on parched corn, and their ability to endure thirst and 
hunger was remarkable. When they won a battle they killed all the dis- 
tinguished warriors whom they captured, but they sometimes kept the 
young men and the women and children for ransom or for slavery. 

The bond w^hich united the various towns of the so-called Confederacy 



22 



INTRODUCTION, 



was probably little more than a war alliance, A general council was 
held once a year at some important town, usually Tukabatchi^^ on the 
Tallapoosa. There was a chief of the whole "nation," but his 
power depended mainly on the respect he could inspire by his wisdom 
and courage. Treaties were sometimes made for all the tribes, but they 
were hard to enforce. Xevertheless, the fact that the towns of the Con- 
federacy did have a sort of political connection, loose as it was, made 
them much more formidable than they would otherwise have been. 



V. 



ORIGIN OF THE INDIANS OF ALABAMA. 



"We now return to the question of tlie origin of the Indians of Alabama. 
Did they always live where the white men found them ? If not, whence 
came they, and when did they come to Alabama ? There is, also, 

the further question 
whether the people 
De Soto saw were 
the same tribes 
which have just 
been described. 

For answers to 
these questions we 
cannot go to any 
books or writings 
of the Indians 
themselves, since 
they had no written 
langiiage. They 
liad a ju'cictice of 
making rude draw- 
ings to express 
ideas and to tell about things that had occurred, such as tlie killing of 
a deer or of an enemy. But this art was not used for setting down tlieir 
history. Only two sources of information fire left to us — tlie traditions 
and legends recounted to early white settlers by some of llie Indians, 
and the curious mounds or earthworks found in Alabanui by De Soto, 
some of which have been investigated in later times. 

Mounds of earth, evidently the work of human hands, are very com- 
mon throughout the southern country, as tlicy are in other jmrts of 




PICTURE WKITING. 



The Indians of Alabajia. 



23 




North America, In the Gulf States they have been found varying con- 
siderably in height and size. Trees, evidently very old, grow on some 
of them, showing that they must have been erected centuries ago. 
Usually they have been found to contain human bones, specimens of 
pottery, arrow-heads, tomahawks, and the like. Some writers have held 
that the mounds were built by a race which inhabited the land before 
the red men came, 

but scientists now .,, .^m=: 

generally incline to 
the view that they 
are the work of the 
Indians. Specimens 
of the smaller 
mounds are numer- 
ous in the old fields 
along the rivers Ten- 
nessee, Coosa, Talla- 
poosa, Alabama, Ca- 
haba, Warrior, and 
Tombigbee, but 
many have been worn 
away by the plow. 
They were usually 

from five to ten feet high and from fifty to sixty feet in circumference. 
Larger mounds have been found near Florence in Lauderdale County, 
near Carthage in Hale County, and at various other places. 

These mounds are interesting as pointing to the antiquity of the native 
races, but they do not show us whence the Indians of Alabama came. 
For a long time it was believed that the tales and legends of the Indians 
themselves might throw light on the question. The Creeks had a plan 
of commemorating tribal events by strings of beads, each bead by its shape 
having a particular significance. From these beads, and from the tales 
told to early settlers by old men, quite a body of curious lore has been 
got together concerning the history of these Indians before the white 
men came among them. Le Clerc Milfort, a Frenchman, lived among 
the Creeks during the latter part of the eighteentli century and was for 
a while their war chief. From the beads and the tales of the Indians 
he made a sort of liistory of the Creeks, which was for a lime accepted 
as authentic. 

According to Milfort, the original liome of the Creeks was in northern 
Mexico, and they left that country when the Spaniards, under Cortez, 



AN INDIAN MOUND. 



24 INTRODUCTION. 

overthrew the ancient Mexican Empire. When De Soto was in Ala- 
bama they were wandering in the West, pursuing the Alabamas, with 
whom they were at war. Finally they followed the Alabamas to the 
country of the Coosa and Tallapoosa and there settled, conquering the 
tribes which were living in those regions in De Soto's time. Several ver- 
sions of this story of a migration from the west have been taken down in 
the language of the Indians and preserved. 

For several reasons, however, Milfort's account is not now credited by 
students of Indian history. The Creek legends are confused and full 
of miraculous stories. They are also in conflict with similar traditions 
among other tribes. The Alabamas, for example, had a notion that 
their tribe came out of the earth, somewhere between the Alabama and 
Cahaba Rivers. Some of the Choctaws likewise held that their ancestors 
came out of the earth at a mound called Nani Waya, in Winston County, 
Mississippi. 

There is very strong evidence, too, that the Creeks, the Alabamas, the 
Choctaws, and most of the other tribes we have mentioned were liv- 
ing in De Soto's time just where they were two hundred years later. The 
names of places mentioned by the chroniclers of De Soto's expedition 
correspond to later names, and evidently belong to the dialects of the 
Muscogee Indians. UUibahali, for example, is an Alabama word. Tus- 
kaloosa is made up of two Choctaw words, taska, warrior, and lusa, black. 
By such examples the students of Indian languages demonstrate pretty 
cleai'ly that if the Creeks ever migrated from tlie west they did so long 
before De Soto's time. This sort of reasoning from names is one of the 
best means we have of getting at the truth concerning periods of which 
no histories exist. 

As far as we can see into the mysterious past, we find the lands now 
covered by the State of Alabama occupied by the Indian ti'ibes whose 
peculiar manner of life we have been examining. We cannot positively 
declare that no other race ever inhabited these regions, but it seems un- 
likely that any ever did. The red men have left but few traces of their 
occupation — mounds fast yielding to the plow, arrow-heads scattered over 
the soil and on the bottoms of the streams, and some sweet-sounding 
names of towns and rivers and hills, which white men have now adopted 
for themselves. 

How the Indians lost possession of their homes, and who the white 
men were that came and took their places — these are things which a 
historv of Alabama should make clear. 



HISTORY OF ALABAMA. 



CHAPTEPt I. 



THE MARCH OF THE SPAN^TARD. 




IIEKNANUO I)E SOTO. 



In" April, 1538, six hundred 
men, armed and equipped for a 
warlike expedition, eml)arked 
from the harbor of San Luoar 
in Spain. Many of them were 
nobles ; some were knights clad 
in mail. Their leader Avas Her- 
nando de Soto> who had won 
wealth and fame in the conquest 
of Peru. . The king of Spain had 
recently named him governor of 
Cuba and commissioned him to 
conquer and occupy Florida. At that time Florida meant 
not merely the peninsula at the mouth of the Gulf, but 
also unknown regions to the north and west. 

Little had been discovered of the mainland north of tlie 
Mexican Gulf by the Spanish explorers who succeeded Colum- 
bus. They had passed along the shore, however, and it is 
almost certain that they had explored Mobile Bay. De Soto, 
confident that greater riches would be his reward, was eager 
to find out what lands and peoples, what mines of gold and 
what Avealthy cities, lay beyond the forest walls. 

In Cuba he completed his preparations. May 12, 1539, 



26 



HISTORY OF ALABAMA. 



with a fleet of nine vessels and a force largely increased, he 
set sail for Florida. He lauded on the west coast of the pen- 
insula, doubtless at Tampa Bay. 

The arms and equipments of his troops, fashioned accord- 
ing to the usages of European warfare, were cumbrous bur- 
dens for such a march. They had helmets, breastplates, 
shields, coats of mail, swords, lances, rude guns called ar- 
quebuses, crossbows, and one piece of artillery. More than 




DE SOTO'S SHIPS IN TAMPA BAY. 

two hundred of the men were mounted cavaliers. Provisions, 
supposed to be sufficient for two 3^ears, were brought along, 
and there were swine, cattle, and mides. Priests and monks, 
with their robes, holy relics, and sacramental bread and wine, 
were there, bent on spreading the Christian faith among the 
savages. To us the importance of this expedition lies in the 
fact that its path was across the territory of the present State 
of Alabama. With the exception, perhaps, of a member of 
a previous expedition under Panfilo de Narvaez, these were 
probably the first Europeans who ever trod its soil. 

De Soto and liis men met with much ill fortune ; but it 



De Soto ox the Coosa. 27 

cannot be said that tlieir ill fortune was altogether unde- 
served. In their dealinsfs Avith the Indians they, were 
haughty and cruel. An old chronicler, writing of De 
Soto, says: ^"^This governor was very fond of this sport of 
killing Indians.'''' In fact, throughout the history of the 
Spanish expeditions to North America, one finds little dis- 
play of justice, not to speak of kindness, to the Indians. 
The cruelties of Narvaez, who had been driven on the 
coast of Florida eleven years before De Soto came, had left 
the Indians of the peninsula in a revengeful mood. There 
was, however, something to make up for the ill eifect of 
Narvaez^s expedition. One of his folloAvers, Ortiz, had been 
captured l)y the Indians, and he was found and freed by 
De Soto's men. Having lived among the natives for eleven 
years, he was fitted to act as an interpreter. 

De Soto spent the winter in the Florida peninsula. In 
March, hearing an Indian rumor about gold to the northward, 
he entered the territory of the present Georgia. Crossing sev- 
eral rivers, he came to the Savannah, and rested for some time 
at a town called Cofitachiqui (Cutifachiqui), the guest of an 
Indian "^^ queen. ^' Thence he proceeded in a generally north- 
western direction, and in May he reached a toAvn called 
Chiaha, supposed to have stood at the junction of the Oosta- 
naula and Ftowa rivers-^the site of the modern city of 
Iiome. Here he rested for a month, sending men to the 
Jiorthward to look for gold. The Indians in this region — 
doubtless Cherokees — were quite friendly. They gave De 
Soto some pearls, but no gold mines were discovered, aud 
he again took up his march to the westward, compelling the 
Indians, as was his custom, to furnish him with bearers for 
his baggage. He proceeded along the west bank of the 
Coosa, and on July 2d entered the town of Costa. Here 
he stood on the soil of the present Alabama and within the 
limits of the present county of Cherokee ; and here, for the 
first time, the natives beheld horses and white-faced men. 



28 HISTORY OF ALABAMA. 

The next long halt of the Spaniards was at a town called 
Coosa (CoQa), within the limits of the present county of 
Talladega, where they remained for nearly a month. It was, 
we are told, the principal town of the whole region. Its chief 
received the strangers with great kindness, and urged De 
Soto to establish a colony in the neighborhood. But the 
Spanish leader detained him as a hostage in order to extort 
slaves and provisions. The savages were indignant at this, 
and thev fled to the woods to prepare for war. Many of 
them were captured and reduced to slavery. 

Leaving the Coosa, De Soto now marched in the direction 
of the Tallapoosa. Passing several small villages, he came to 
Ullebahale (Ullibahali), probably on Hatchet Creek, a rudely 
fortified town, which made a show of resistance but soon 
submitted. About the middle of September the great town 
of Tallase (Tallise) was reached. It was almost surrounded 
by a river, which must have been the Tallapoosa. Here, after 
some days, De Soto received a visit from a young savage, the 
son of a powerful cliief whose domains lay further west. The 
young man brought Avord that liis father, Tuscaloosa (Taska- 
lusa, ^* Black AYarrior" ), awaited the Spanish captain about 
thirty miles below. Tliither De Soto marclied after a delay 
of twenty days, and found the chief, a man of gigantic stature, 
surrounded by greater pomj:) than tlie explorers had yet seen 
among the Indians. He greeted the newcomers courteously 
but proudly. The meeting is supposed to have taken place 
below Line Creek, in the present county of Montgomery. 

Ividiug side by side with the gigantic chief, De Soto con- 
tinued his journey through the region covered by tlie present 
counties of Montgomery and Lowndes and southeastern Dal- 
las. Probably in upper Wilcox they came to a toAvn called 
Piaclie, situated on a large river — the iVlal^ama. Thence 
they jDroceeded along the western bank of the river. Soon, 
liowever, De Soto began to suspect Tuscaloosa of hostility, 
and higli words passed between the two. Taking Tuscaloosa 



The Battle at Mauvila. 29 

witli him, and accompanied by twp liiindred men, lie ad- 
vanced ahead of the main body to the principal town of 
the chief, a place called Manvila (Mavila, Manila, Manbila). 
Mauvila was a fortitied place of considerable size. It was 
probably situated at Choctaw Bluff, now in the county of 
Clarke, about twenty-five miles above the confluence of the 
Alabama and the Tombigbee. 

Here the chief asked that he might no longer be required 
to follow the army. De Soto, who had few men with him, 
hesitated, and Tuscaloosa walked proudly away and disap- 
peared in one- of the houses. He was invited to the governor's 
table, but he declined, and warned the messenger that the 
Spaniards had better leave. A spy had meantime informed 
the governor that the houses were filled with warriors who 
were meditating an attack. Secretly sending word to his 
men outside the town to make ready for a fight, De Soto 
tried to conciliate the chief with kindness, but was received 
with scorn. One of the savages becoming insolent, a Spaniard 
cut him down with his sword. 

A terrible conflict ensued. De Soto, at the head of his 
men, fought his way slowly out of the town into the plain, 
where most of the horses were tied. The enslaved Indians 
accompanying the expedition were freed by the enemy 
and took part in the fight against the Spaniards. The bag- 
gage was taken. The governor led his men against the 
savage masses, but was forced to retire, leaving a few Span- 
iards in one of the houses, and the Indians sallied forth on 
the plain. Occasionally strengthened by reinforcements 
from tlie main body of his troops, De Soto kept up the fight 
with indomitable heroism. Tlie Indians were driven within 
the walls, and at length the hindmost of the troops came up. 
The Spanish leader, wounded in the thigh, fought standing in 
his stirrups. At nightfall, when the battle had lasted nine 
hours, the town was in ruins and the Spaniards hud won a 
victory which was almost ruinous to themselves. 



30 



History of Alabama. 



I^'otected though they were with bucklers and coats of 
mail/ they had lost twenty killed. One hundred and fifty 
were seriously wounded, and a number died. Some of the 
horses were killed^, and nearly all the camp baggage was 
burned. The loss of the savages is variously stated ; probably 
several thousands were slain, ^he fate of Tuscaloosa himself 
is unknown. 

The wounded De Soto remained for some days on the site 

of Mauvila. The 
news had come of 
the arrival of the 
fleet at a harbor 
called Achusee (or 
Chusee), supposed 
to be either Pen- 
sacola or Mobile, 
and this Avas now 
confirmed by cap- 
tives. The gov- 
ernor began to 
plan a colony in 
the wilderness. 
He learned, how- 
ever, that some 
of the men were 
bent on quitting him and sailing back to Spain, or to Peru. 
He therefore determined to avoid the ships. Gloomy and 
morose, but still nourishing the hope of finding gold, he 
resolved to continue his wanderings. In the middle of 
November he turned to the north, and the soldiers unwill- 
ingly followed. Traversing the region now covered by the 
counties of Clarke, Marengo, and Greene, he reached a town 
called Cabusto, near the place where the town of Erie once 
stood, on the Black Warrior River. Here a battle was 
fought with the savages, and the passage of the river was 




MAP OF DE SOTO S ROUTE. 



Fate of De Soto. 31 

attended with another conflict. Five days after leaving the 
Black Warrior the expedition reached the Tombigl)ee, some- 
where within the limits of the county of Lowndes, in 
Mississippi. 

With De Soto's later wanderings we have little to do. 
His expedition was a striking and curious historical inci- 
dent, but its results were not of practical importance. He 
traversed regions destined to remain a wilderness for cen- 
turies after his death. Brave fighter as he was, he made no 
lasting conquests. Indefatigable in his pursuit of riches, he 
left his followers stripped of their very clothing. The mouth 
of the mighty river which he is supposed to have discovered 
was probably already known to Spanish adventurers in the 
Gulf. He himself won only a grave beneath its waters. 

QUESTIONS. 

Who was De Soto? What was the object of his expedition ? What 
knowledge had the Spaniards at this time of the mainland above the 
Gulf ? What idea had the Spaniards as to the extent of Florida ? De- 
scribe De Soto's party. How did he treat the Indians ? What results of 
Narvaez's expedition are mentioned ? Tell what you know of De Soto's 
journey through Georgia. Trace on the map his route through Alabama. 
What occurred at Coosa ? Tell what you know of the meeting with 
Tuscaloosa. Describe the battle of Mauvila. What were the conse- 
quences to the Spaniards ? What other incidents of the expedition are 
mentioned ? What was the result of the exi)edition ? 



CHAPTER II. 



THE SETTLEMENTS OF THE FREXCH. 




Ue^y^^i^iM^^ 



It was, as we have seen, the Span- 
iards Avho first explored the region now 
called Alabama; but it was the French 
who made the first permanent settle- 
ment on its soil. Between the two 
events there was an interval of more 
than a century and a half. During 
these 3^ears many changes had oc- 
curred in Europe and in America. 

The power of Spain, which was 
near its height at the time of De 
Soto^s exj^edition, had vastly declined. 
France and England were better equipped for conquests 
in the new world ; and both had been actively pursuing 
their interests in America. The French had established 
themselves in the present Canada ; the English had gained 
possession of the fairer portions of the Atlantic coast, between 
the French on the north and the Spanish in Florida. 

For more than fifty year:? French fur traders had been ad- 
vancing westward and southwestward along the great lakes ; 
French priests had kept pace with the traders. In 1073 
Father Marquette, a Jesuit priest, and Joliet, a trader, led a 
party to the Mississippi, which they descended for some dis- 
tance. The young and gifted La Salle took up the work, 
and in 1GS2 he reached the Mississip23i by way of the Illi- 
nois Eiver, and descended the great stream to its mouth. 
Here he took possession in the name of the king of France, 



First Landing of colonists. 33 

Louis XIV., in whose honor tlie region was called Louisiana. 
Leaving his companion and lieutenant, Henri de Touty 
(Tonti), in command of a fort in the Illinois country, La 
Salle returned to France to report liis discoveries and get 
men and stores for a colony on the Gulf. 

Louis XIV., called the Great, a stately and proud mon- 
arch, approved his plans. Ships and men were provided, 
and La Salle sailed for the Gulf. But he failed to find the 
mouth of the Mississi2:)pi. Instead, he landed on what is 
now the coast of Texas. Misfortune overtook him. His 
men proved treacherous, and finally he was assassinated by 
one of them. War between England and France prevented 
any further attempt to establish a colony on the Mississippi 
until after the Treaty of Ryswick (signed in IGOT). 

At that time a naval officer named Pierre Le Moyne, Sieur 
d'Iberville, who had acquired some reputation in America, 
was in France. He was a member of a Canadian family 
highly distinguished in the king's service. To him was 
given the task of settling Louisiana, and he sailed with two 
frigates and two smaller vessels in the autumn of 1608. His 
younger brother, Jean Baptiste Le Moyne, Sieur de Bien- 
ville, accompanied him, and there were two hundred colo- 
nists in the expedition. Stopping for a while at St. Domingo, 
where he was joined by a warship, Iberville entered the 
(Julf in January, 1099. In the harbor of Pensacola he found 
two Spanish men-of-war, and learned that, a month before, 
Spaniards had established themselves on the site of Pensa- 
cola. Passing to the westward, the French cast anchor off 
an island now known as Dauphine Island. The date was 
January 31, 1G99. The island and neighboring points were 
explored with care. 

Landing the colonists on Ship Island, Iberville, accom- 
panied by his brother Bienville, who was but eigliteen 
years of age, set out with thirty men in a boat to find the 
Mississippi. On the third day (March 2, 1609) he entered 
3 



34 



HISTORY OF ALABAMA. 



its mouth. Ascending the river for some distance, he found 
stuffs of European fabric among the Indians, and afterwards 
a letter which Tonty had written to La Salle. These dis- 
coveries dispelled all doubt that the Mississippi had been 
found again. On the return to the ships, Iberville, with 




Copyright. 



FIUST WHITE SETTLEMENT IN LOUISIANA. 



two canoes, passed through Lakes Maurepas and Pontehar- 
train. 

A fort was erected on the eastern shore of the Bay of Biloxi, 
on the soil of the present Mississippi, and here the first set- 
tlement was made. M. de Sauvole was placed in command, 
and young Bienville was made lieutenant. The settlement 
took its name, Biloxi, from a neighboring tribe of Indi- 
ans. In May Iberville sailed for France with the two larger 
vessels. 

Sauvole and Bienville set about exploring the neigh- 
boring country and making friends with the Indians. In 



THE "ENGLISH TUllX." 35 

their dealings with the natives the French, as a rule, did 
not follow the harsli methods of the Spaniards. The alli- 
ances they were able to form with the Indians at various 
times daring the long struggle between France and England 
in America l)ear witness to the power of French politeness, 
even among savages. Bienville was zealous and success- 
ful. On an expedition to Pensacola for the purpose of ob- 
serving the movements of the Spaniards, he traversed a part 
of Alabama. He also made another ascent of the Missis- 
sippi. Keturning, he encountered an English vessel. Tell- 
ing the captain that the river was not the Mississippi, and 
that the region already belonged to France, Bienville per- 
suaded him to leave. The point where the meeting occurred 
became known as ''English Turn.'' The incident shows, 
however, that the French were none too early in their at- 
tempt at colonizing the Gulf coast. Spain and England 
were both looking towards it. 

In December Iberville returned, bringing two shiploads 
of provisions, thirty miners, and sixty Canadian bushran- 
gers. He also brought royal commissions for Sauvole and 
Bienville. Hearing the story of the English ship, he at 
once led a party up the Mississippi to a point eighteen 
leagues from its mouth, Avhere he built a fort. In May, 
1700, he again sailed for France, leaving Bienville in com- 
mand on the Mississippi. 

The settlement at Biloxi did not prosper. It had been 
threatened 1)y the Spaniards from Pensacola, and the har- 
bor was i)oor ; l)ut its failure was mainly due to the lack 
of supplies and tlie unwillingness of the colonists to cul- 
tivate the soil, instead of looking for mines. Sauvole 
died, and Bienville came from the Mississippi to take 
his place. He kept up his policy of conciliating the In- 
dians, and tried to reconcile the Choctaws and Chickasaws, 
who were at war. But when Iberville returned, at the 
close of the year 1701, he gave ordars to break up the set- 



36 



HISTORY OF ALABAMA. 



tlement at Biloxi aiid remove the colony to the neighhor- 
hood of Mobile Bay. On the western bank of Mobile Eiver, 
a few miles above the bay, a fort was soon built, and named 
Fort Louis de la Mobile. Here were the first homes of 
white men in Alabama ; and here, for nine years, was the 
seat of government of the colony of Louisiana. Iberville 
stayed long enough to see the fort completed, to receive 

delegations from 
the Choctaws and 
Chickasaws, and to 
learn that English 
influence was 
already at Avork 
among the latter. 

Under the gov- 
ernment of Bien- 
ville the fort on 
Mobile River now 
assumed an impor- 
tance which the 
Biloxi settlement 
had never attained. 
It was visited by 
Canadians from the 
north, by mission- 
aries who had been at work in the Mississippi country, by 
Spaniards from A'era Cruz, and by delegations from the 
neighboring Indians. Among the latter were eight chiefs 
of the Alabamas, Avhom the French called Alibamons. AVith 
this tribe, however, friendly relations were not easily main- 
tained. The English of tlie Carolina settlements had repre- 
sentatives among them, who were doubtless setting them 
against the French, and once they attacked some of Bien- 
ville^s men who had been sent up the Alabama for corn. 
Bienville led an expedition to avenge the outrage, and de- 







Copyright. 



PORT LOUIS DE LA MOBILE (1702-1711). 



First Christian Marriages. 37 

stroyed one of their towns. Parties of the Chickasaws and 
Choctaws were also engaged to punish the Alabamas. In 
this and other affairs with the Indians Bienville was assisted 
by Tonty, who liad now joined his countrymen on the Gulf. 

In the spring of 1704 the condition of the colony was de- 
scribed as follows in an official despatch : 

^'^ ISO men capable of bearing arms ; 2 French families with 
three little girls and seven little boys ; G young Indian boys, 
slaves, from fifteen to twenty years of age ; a little of the 
territory around Fort Louis (Mobile) has been cultivated; 
80 wooden houses, of one story high, covered with palm 
leaves and straw ; 9 oxen, five of which belong to the king ; 
14 cows ; -4 bulls, one of which belongs to the king ; 6 calves ; 
100 hogs ; 3 kids ; 400 hens/' 

This year two vessels, laden with provisions, were wel- 
comed. On the first came Anthony Le Moyne, Sieur de 
Chateaugue (also written Chasteaugue and Chateauguay), 
another brother of Bienville's. On the second were soldiers, 
a rector sent by the Bishop of Quebec, four Sisters of Charity, 
and twenty-three girls, who were sent to be the wives of 
colonists. Within a month there were twenty-two marriages. 
These were the first Christian marriages ever solemnized in 
Alabama. 

But the second vessel brought one passenger that was un- 
welcome — the yellow fever. Half the crew and a number 
of the soldiers died. Tonty was among the victims. A 
disastrous fire followed the pestilence. Then came further 
complications with the Indians. The war between the Chicka- 
saws and Choctaws broke out afresh. Hostilities were re- 
newed with the Alabamas, and English influence was felt 
to be at work among the Creeks. The commissary-general, 
La Salle, and La Vente, the rector, attacked Bienville in 
their letters to the French court. In July, 170G,* Iberville, 
the founder and constant friend of the colony, died. Thus 
were Bienville's troubles multiplied. 



38 History of alabajia. 

The Leraoyne or Le Moyne family in Canada was founded by Charles 
Le Moyne, a Frenchman who came to Quebec in 1641. He Avas soldier, 
trader, and interpreter, and accumulated a considerable estate. Of his 
twelve sons, nine played parts in history, three of them becoming gov- 
ernors of provinces or cities. The father was the son of an innkeeper, 
but the " Sieur " (sii' or lord) in the names of his sons shows that they had 
been ennobled. Besides Iberville and Bienville, three other Le Moynes 
figured in the southern colony. They were Chateaugue, Serigny, and 
Sauvole. Early writers believed this Sauvole to be the same who was 
placed in command of the first fort built at Biloxi, but authorities now 
agree that the latter was not one of the Le Moynes. 

The chevalier Henri de Tonty or Tonti (1650-1704) is, next to La 
Salle, the most attractive and heroic figure among the Frencli explorers. 
He was of Italian birth, and Tonti was probably the original foi-m of his 
name. Early in his career as a soldier he lost a hand and had an iron 
hand put in its place ; so he was known as the '• iron-handed." He came 
to America with La Salle and was his foremost helper in his enterprises. 
Left by his superior in the Illinois country, Tonty sustained himself 
there for years with courage and wisdom, but finally came to the new 
settlement in the south. The place of his burial is unknown, but it was 
doubtless near old Fort Louis. 



QUESTIONS. 

Mention some of the changes in Europe and America during the cen- 
tury and a half following De Soto's death. What had England and France 
been doing in America ? Describe La Salle's discovery of Louisiana and 
his attempt to colonize it. Describe Iberville's first expedition ; his 
discoveries and explorations : the settlement at Biloxi. What was the 
policy of the French with the Indians ? Describe Iberville's second visit. 
Why was Biloxi abandoned ? Tell about Fort Louis de la Mobile. What 
were Bienville's relations with the Indians ? — with the English ? — with 
the Spaniards ? Describe the colony in 1704. Mention the principal 
troubles of Bienville. Tell what you know of the following, locating 
places on the map : Treaty of Ryswick ; Tonty ; Dauphine Island ; 
Sauvole; " English Turn "; La Vente ; Chateaugue; the first wedding 
in Alabama. 



CHAPTER III. 
crozat's experiment. 




In all his difficulties Bien- 
ville showed firmness and cour- 
age. But the French govern- 
ment was becoming jn'ejudiced 
by the attacks upon his admin- 
istration. Ilis requests that 
more laborers might be sent 



were not properly heeded ; and 
the need of negroes, horses, 
and oxen does not seem to have 
impressed the authorities at 
home. In July, 1T07, Bien- 
ville's arrest was ordered. De 
Muys was appointed his suc- 
cessor, with instructions to in- 
vestigate the charges against him ; but he died on the way 
out. Diron d'Artaguette, who was sent to take La Sailers 
place as commissary-general, was then entrusted with the 
investigation. He pronounced the accusations miserable 
calumnies, and Bienville was permitted to remain at his 
post. He again urged the necessity of negro labor in the 
climate of Mobile, suggesting that Indian slaves might be 
exchanged for negroes in the AVest Indies. But his supe- 
riors opposed the plan, and the colonists made little headway 
with agriculture. The attacks on the governor were renewed 
by La Vente and others, and he, losing patience, began to 
make charges against his enemies. At the close of the year 



40 



HISTOJRY OF ALABAMA. 



ITIO these controversies were still raging, while the colonists 
themselves were distributed among the Indian towns to obtain 
food. About this time also an English corsair made a de- 
scent on Dauphine Island and pillaged it. A statement of 
the condition of the colony two years earlier (August, 1708) 
shows a total of '-^TO souls, of whom eighty were Indian 
slaves. 

Early in the year 1T09 the high floods swept over Fort 
Louis, and Bienville decided to remove the settlement to 
more elevated irround. He chose the site of the modern citv 




3 a 


■ V'. 


i 
i 








E^ 


T 


1, a 

3" 






- 


§1 




^°7 


3 

c 







--^"""KiZ 




A?OBIL€ /R/VEH 



By permission from Hamilton's Colonial Mobile. 

FORT CONDE. 

of Mobile. Here a wooden fort was built in 1711. It was 
replaced in a few years by one of brick, which was called 
Fort Conde de la Mobile, and here many of the colonists 
made their homes. This was the beginning of the first city 
ever built by white men within the limits of Alabama. 

So far. however, the colony had been a burden, rather than 
a source of revenue, to tlie French government. The set- 
tlers had raised a little tobacco and wheat, but they liad 
found no mines of gold or silver. When D'Artaguette re- 
turned to France he could make but a gloomy report. He 
found King Louis, whose brilliant reign was now drawing to 
an unhappy close, little disposed to make further expendi- 



Contract with Crozat. 41 

tiires on his possessions across the Atlantic. France, in fact, 
was oxliausted by the long wars in which it had been engaged. 
Finding Louisiana an unproductive investment, tlie king 
looked about for some one to take it oif his hands. He found 
such a person in Antoine Crozat, a wealthy merchant. 

By a contract signed at Paris on September 14, 1712, the 
king granted to Crozat the control of the commerce of Loui- 
siana for fifteen years. In the contract the province is roughly 
defined as extending from New Mexico to the English colony 
of Carolina, and from the Gulf to " the Illinois." Crozat was 
authorized to open mines, which were to become his property 
with a reservation of a certain portion of the output to the 
crown. He was to become the owner of all lands on which 
he could set up manufactories or make other improvements. 
The laws and customs of Paris were to prevail in the province. 
Crozat, for his part, Avas to send every year two shiploads of 
emigrants to the colony, and one shipload of negro slaves 
from Guinea ; to forfeit his lands in case the improvements 
on them were abandoned ; and to pay the salaries of the 
king^s officers in the colony during the last six years covered 
by the contract. 

When Crozat^s agents reached the province in May, 1713, 
they found that the total population, including the soldiers, 
was three hundred and twenty-four. The settlers were widely 
scattered, divided by rivers and lakes, and protected by six 
wretched forts, including the one on Mobile Bay and another 
on Dauphine Island. With the especial representatives of 
Crozat \s interests came also a new governor for the province, 
Antoine de la Motlie (La Motte) Cadillac, and his family, 
and a new commissary-general, Duclos. Bienville was re- 
tained as royal lieutenant, second in command to the gov- 
ernor. 

Cadillac had won some distinction in Canada, but as 
governor of Louisiana he was not successful. His despatches 
to the authorities in France show that from the first he was 



42 History of Alabama, 

disappointed in the colony. He complained of everybody 
and everything. Danphine Island, he said, was a miserable 
spot. He represented that wheat could not be raised ; that 
tlie only crops were Indian corn and vegetables ; that the only 
hope of profit to Crozat lay in trade with the Spanish settle- 
ments and in the discovery of mines. Bienville, he said, 
had governed for years without finding any mines ; he him- 
self could have found them in a short time. Of the morals 
of the soldiers and colonists he spoke most bitterly. He 
wished a church erected at Mobile, but the colonists pre- 
ferred not to have one. 

These representations were like the reports of Bienville^s 
old enemy, La Yente, who had described the inhabitants as 
chiefly drunkards, gamesters, and blasphemers. 

Nevertheless, the management of Crozat did seem to stim- 
ulate the drooping colony. He sent provisions, miners, and 
slaves. Bienville kept at work strengthening the French 
interest among the Indians, which was continually threatened 
by the intrigues of the English from the Carolinas. To this 
end he effected a peace with the Alabamas, about the begin- 
ning of the year 171-4, and obtained their consent to the build- 
ing of a fort in their country. Obtaining also the necessary 
authority from the colonial council, a body intended to assist 
the governor in the direction of affairs, he sailed from 
Mobile in April with two small vessels, carrying canoes, 
cannon, small firearms, provisions, and merchandise for the 
natives. His command was made up of soldiers, Canadians, 
and Indians. 

He sailed up the Mobile and entered the Alabama. Pass- 
ing the site of Mauvila, De Soto^s battleground, he arrived at 
one of the Alabama villages, not far above the place where 
Selma now stands. He also passed in succession the towns 
of Autauga (Atagi), PoAvackte (Pawoti), and Ecuncharte 
(Ikan-Tchati). The last was one mile west of the site of 
Montgomery. The Indians received him joyfully. At Coo- 



Building of Fort Toulouse. 43 

sawda he left the sailing vessel, and explored both the Coosa 
and Tallapoosa for some distance in a canoe. Finally he 
fixed on the town of Tuskegee (Taskigi), on the east bank 
of the Coosa, four miles above the junction of the two streams, 
as the best place for a fort. Here the rivers are but a quarter 
of a mile apart. The work was begun with religious cere- 
monies, in the presence of many Indians. The fortification 
was constructed of wood, with four bastions, on each of which 
two cannon were mounted. It was called Fort Toulouse. 
One liundred years later, as Ave shall see, an American fort 
was built on the site of the Frenchman's. 

Work on the fort and the exploration of the neighborhood 
occupied Bienville through the summer. He visited Tooka- 
batcha (Tukabatchi) on the Tallapoosa, went among the 
lower Creeks on the Chattahoochee, and crossed that river 
into the present Georgia. On his return to Mobile he left 
Marigny de Maiideville in command at Fort Toulouse, with 
thirty soldiers and a priest. 

Soon after Bienville^s return Cadillac set off on a search 
for mines of gold and silver in the Illinois country, and he 
did not return until October, 1715. He represented to the 
government at home that on this journey he had everywhere 
set the Indians against the English. As a matter of fact 
he had aroused their anger against himself. AVhile descend- 
ing the Mississippi he is said to have declined to smoke 
Avith the chiefs of the Natchez (Naktche) tribe, and this is 
supposed to have caused the hostility of that tribe to the 
French. Meantime, Bienville Avas doing all in his poAver 
to strengthen the hold of the French on the tribes lying 
north and northeast of Mobile. He Avas aided by a Avar be- 
tween the English and the Indians on the borders of Caro- 
lina, Avhich extended to tlie distant Chickasaw nation, Avhere 
a num])er of English traders Avere slain. He sent to the Choc- 
taws a demand for the head of the Avarrior Avho had introduced 
the English among them ; and a head was sent to Mobile. 



44 HISTORY OF ALABAMA. 

Soon afterwards Bienville himself departed for the Mis- 
sissippi, where he was engaged until the autumn of 1716. 
With much sternness and severity he punished the Natchez 
for the murder of some Frenchmen, and built a fort in their 
country. But with these events we have little to do. When 
he came back to Mobile, he was agreeably surprised to find 
orders directing him to govern the province until a successor 
to Cadillac should arrive. 

Cadillac had been steadily losing favor with the authorities 
in France. Suspecting plots against himself in Mobile, 
he had retired to Dauphine Island, from which he issued an 
order forbidding all persons of low birth to carry weapons in 
any settlement where there was a regular garrison. Crozat 
became convinced that the disorders of which Cadillac was 
complaining were due to the governor himself. The French 
government decided to recall him ; and M. de FEpinay was 
named as his successor. Duclos also was recalled. The new 
officers arrived in March, 1717, bringing with them some 
soldiers and emigrants. They brought the Cross of St. Louis 
to Bienville as a mark of royal favor, and he was confirmed 
royal lieutenant. 

But De I'Epinay's stay was destined lo be short. Crozat 
was finding his contract a burden. Nothing had been won 
from trade with the Spaniards. He now turned his atten- 
tion to commerce with the Indians on the rivers above 
Mobile. Bat De I'Ej^inay could not make this pay, and 
Crozat offered to return his charter to the king. The offer 
was accepted, and the government of the colony was again 
transferred to Bienville. During the five years under the 
charter it had not prospered, but the population had in- 
creased to seven hundred. Some of the inhabitants had 
been successful in private dealings with the Indians and in a 
contraband trade with the Spaniards. 

Crozat was born a peasant. After lie had grown ricli and rendered 
im{)ortant services to the French goverinnent, the title of Marquis de 



NOTES AND QUESTIONS. 45 



Clietcl was conferred upon him, but the older nol)ility did not recofjnize 
him as belonging to their class. lie was disappointed in his hope to 
espouse his daughter to a son of an ancient house, and this is said to 
have driven him to the Louisiana enterprise. He thought to make him- 
self master of an empire, believing that then the proudest would 
acknowledge liiin their equal. 

Antoine de la Mothe (or La Motte) Cadillac was born in Gascony, 
France, about the year 1660, but went early to Canada in the king's 
service. He laid the foundation of Detroit by building a fort there. 
He died in France in 1717. A contemporary describes him as "an 
avaricious, cunning, and obstinate man, who kept to himself everything 
which the court sent to the savages." 

QUESTIONS. 

When, why, and whither was Fort Louis removed ? Why was Loui- 
siana farmed out to Crozat ? Give the principal conditions of the con- 
tract. In what state did Crozat's agents find the colony ? Tell what you 
know of Cadillac. What reports did he make to the French govern- 
ment ? Why, where, and when was Fort Toulouse built ? Tell the story 
of the expedition to build it. What do you know of Cadillac's west- 
ern journey ? Of Bienville's dealings with the Indians ? Why was 
Cadillac recalled ? Who succeeded, and what was his policy ? What 
was the general effect of Crozat's rule on the colony ? Tell what you 
know of the following, pointing out places on the map : The bounds of 
Louisiana in 1712 ; Duclos ; Ecunchartc ; Tuskegee (Taskigi) : Man- 
devil Ic : the trouble with the Natchez. 



CHAPTER IV. 



LAW AND HIS COMPANY, 



nj>y/^. 



Another experiment 
was now tried with the 
colony of Louisiana. It 
had not prospered when 
administered directly by 
the French government, 
and it had made little 
progress under the man- 
agement of Crozat. In 
September, 1717, it was 
turned over to a com- 
pany, called the Company 
of the West. The lead- 
ing man in this company 
was a remarkable indi- 
vidual named John Law. 
Law was by birth a 
Scotchman, and had led 
a life of wandering and adventure throughout Europe. He 
had killed an adversary in a duel and had acquired some no- 
toriety as a gambler when he first attracted tlie attention 
of the world as a financier. He had Avorked out a system of 
finance, the cliief feature of which was the issue of paper 
money on various sorts of securities. He founded a bank 
at Paris, and for a time he was very prosperous. Louis XIV. 
had died, and as his successor, Louis XV., was a child, 
Philippe, Duke of Orleans, was regent of France. The 




JOHN LAW. 



Settlement at new Biloxi. 47 

Duke lent a ready ear to Law^s schemes. France was 
heavily in debt, and its ruler was ready to try any plan that 
would help him to raise money. The Company of the 
AYest was formed in the hope that Louisiana might be made 
the basis of a great system of credit. The powers conveyed 
by the new charter were various and extensive. 

The apparent success of Law's schemes set Paris wild with 
the spirit of speculation, and all Europe was affected by the 
craze. Shares in the company^s stock went up by leaps 
and bounds. The directors set to work with enthusiasm, 
and shij) after ship, bearing colonists and supplies, was sent 
to Mobile. Large tracts of land were given to rich men, 
who engaged to send out emigrants to make settlements. 
In April, 1718, the news reached Mobile that Bienville had 
been made governor with a good salary. He at once began 
to seek a new location for the principal settlement of the 
colony, and soon fixed upon the site of New Orleans. A 
clearing was made at this point and a few houses built. 

But his plan met with ojDposition. By a royal ordinance a 
supreme council, composed of the governor, the directors of 
the company who resided in Louisiana, and certain other 
officers, was entrusted with the management of affairs in 
the colony. The council, leaning to the view that com- 
merce promised better results than agriculture, and fearing 
the floods of the Mississippi, voted in favor of a new settle- 
ment on the western shore of Biloxi Bay, to be called New 
Biloxi. Men were accordingly sent to this point to build 
barracks and houses, and in 1720 the government was 
established there. But Mobile was still the chief settlement. 

Considerable numbers of negro slaves were imported for 
work on the plantations, and the institution of slavery was 
thus firmly established. The prices at which slaves should 
be sold to the colonists were fixed by company regulations, 
and it was not long before a thousand negroes had been 
distributed throughout the settlements. AVith this labor. 



48 HISTORY OF ALABAMA. 

which was adapted to the climate^ some progress was made 
in the cultivation of rice, indigo, and tobacco. 

But it cannot be said that the methods of the company- 
were as wise as they were vigorous. The regulation of the 
price of slaves was in keeping with the policy which had 
prevailed from the beginning of the French settlements. It 
was a policy in which the liberty and the wishes of the 
colonists were not considered. The prices of the things 
they had to sell were fixed by the same outside power wdiich 
fixed the prices of the things they had to buy. One writer 
says that they were treated like slaves ; but perhaps it would 
be fairer to say that they were treated like children. Their 
interests and desires were but little considered. The com- 
pany and its interests were regarded as more important 
than anything else. Moreover, the colonists themselves had 
not been wisely selected. Many of the men were Avorthless 
characters who had never accomplished anything at home ; 
and many of the women who were sent over to be their wives 
had been taken from houses of correction in Paris. Some 
gentlemen adventurers, however, came to try their fortunes 
in the new world, and doubtless also some poor people whose 
poverty was not caused by any faults of their own. 

One source of trouble to the colony was not due to the 
company^s mismanagement. This was a curious little warfare 
with the Spanish settlement at Pensacola which was caused 
by the outbreak of hostilities between France and Spain at 
the beginning of the year 1719. The news of the declaration 
of war reached Mobile in April of that year, and it was 
at once decided to attack Pensacola. Governor Bienville, 
with a force of Canadians and Indians, proceeded against 
the fort by land, while Serigny went by water witli three 
men-of-war and a hundred soldiers. The Spanish com- 
mander, Matamora, finding himself invested by sea and 
land, surrendered at once (May 14). The Spanish garrison 
was sent to Cuba on board two of the men-of-war. and 



PENSACOLA RECAPTURED. 49 

Chateaugue was placed in command of the fort. When the 
vessels reached Havana, the governor of Cuba, disregarding 
the terms of the surrender, seized the ships, imprisoned the 
French crews, and sent a fleet, including the French vessels, 
to recapture Pensacola. Chateaugue was compelled to yield 
to superior force. The Spaniards then turned to Pauphine 
Island and endeavored to take the fort there. Serigny, who 
commanded at this point, made a gallant resistance and the 
attack failed. 

A few days later three French ships of the line, commanded 
by M. de Champmeslin, arrived, with two vessels of the com- 
pany's, and some soldiers. A council of war decided to re- 
take Pensacola. Thither the fleet sailed, and the French 
and Canadian troops, with their Indian allies, were carried in 
sloops to the mouth of the River Perdido, from which they 
marched by land to the attack. On September 12, after three 
hours of fighting, the Spanish commander, Don Alfonzo, 
surrendered. The Indians, who had shown great courage, 
were rewarded with plunder, but were forbidden to take any 
scalps. Matamora, who was held responsible for the breach 
of faith by the governor of Cuba, was compelled to surrender 
his sword to a common sailor, and certain French soldiers 
who had deserted to the Spaniards were either hanged or con- 
demned to serve the company as galley-slaves. Thus the short 
conflict resulted in victory for the French. But the next 3''ear, 
1720, news came that the war between the mother countries 
was over, and in the end Pensacola was restored to Spain. 

The rivalry of the English settlements to the east was also 
a source of annoyance to Bienville. Stirred up by English 
traders, the Chickasaws became thoroughly hostile to the 
French, and murdered St. Ilelene, who had been stationed 
among them to cultivate their friendship. The Choctaws 
were for the most part firm in their alliance with the Frencli ; 
but the Alabamas complained that their ^^eltries brought 
lower prices from the Frencli traders than from the English. 
4 



50 



HISTORY OF ALABA3IA. 



In order to meet the competition^ the company decreed that 
merchandise shonld he sold to the Alahamas and Creeks 
at only fifty per cent, profit, while in the Arkansas country the 
profit was a hundred per cent. About this time Louisiana was 

divided into nine districts, of 
which the Alabama country 
was one and Mobile another. 

But Law's career was as 
brief as it was brilliant. His 
Company of the West had ab- 
sorbed a similar company 
called the Company of the 
East. In June, 1719, the 
name of the association was 
changed to the Company of 
the Indies. Early in 1720 
Law became Comptroller-Gen- 
eral of France, and the all- 
devouring company swallowed 
up the Royal Bank of the 
kingdom, A prodigious 
amount of paper money had 
been issued, and the imagined 
riches of Louisiana were the 
basis of the whole. The end 
came swiftly. The share- 
holders and the public be- 
came suspicious ; the immense 
fabric of credit tottered ; in 
December, LaAV himself, put- 
ting a few hundred livres in his pocket, vanished from Paris. 
A council of regency took charge of the company's accounts. 
When the crash came, the population of the colony had 
reached a total of some six thousand souls, of whom a con- 
siderable number were negroes. Louisiana fell into great 




SOLDIER AND FI^Ati OF FRANCE. 



Bienville Recalled to France. 51 

distress. Once again the garrisons of Mobile and Biloxi were 
compelled to seek food among the Indians. The soldiers at 
Fort Toulouse, tortured by famine and perhaps corrupted by 
British influence, rose in mutiny, slew the commander, 
Captain Marchand, pillaged the fort, and set off towards 
Charleston in South Carolina. The lieutenant, Villemont, 
and an ensign named Paque escaped through a porthole, 
raised a body of Creek warriors, pursued the deserters, and 
overtook them. A fierce fight ensued. Sixteen of the muti- 
neers were taken and the rest slain with the exception of two, 
who escaped. For a time Villemont and a 2:)riest were the 
only inhabitants of the fort. 

At length a vessel arrived with provisions for the king's 
troops, bringing also the news that the affairs of the colony 
had been committed to three commissioners. These readily 
acceded to Bienville's long-cherished plan for removing the 
seat of government to the Mississippi. So, in 1723, Xew Or- 
leans, witli two hundred inhabitants, had become the capital 
of the colony, but Mobile continued to be the meeting place 
of the annual congress of Indians friendly to the French. 
To attend this gathering the governors came to Mobile 
every year. But Bienville's enemies in the colony had been 
busy trying to blacken his character, and next year he was 
recalled to France to answer the charges against him. Before 
he sailed, however, he issued in the king's name a series of 
ordinances which became known as the Black Code. This 
code banished all. Jews from the colony, compelled colonists 
to accept the Roman Catholic faith, forbade white people to 
intermarry with negroes, and set up minute rules for the 
government of slaves. 

Arriving in France, Bienville pleaded his own cause in 
an eloquent memoir to the king, describing his twenty«five 
years of labor in the New World. But his enemies prevailed. 
He was removed from office, and his brother, Chateaugue, 
was also removed from his place of royal lieutenant. For a 



52 History of Alabama. 

time M. de Boisbriant was in command ; but in August, 1726, 
Rene Boucher de la Perier (or Periere), who had been serving 
France in Canada and on the upper Mississippi, became 
governor of Louisiana. 

The chief events of Perier's time do not bear directly on 
the history of Alabama. His administration was marked by 
a bloody and final war with the Natchez Indians. A rem- 
nant of the Natchez took refuge for a time among the 
Chickasaws, and finally made their home among the Upper 
Creeks. Their town, Natche, or Naktche, was near the 
Coosa Eiver, in the present Talladega County. 

The expense of this war seems to have been the last straw 
in the burden of the Company of the Indies. It had never 
recovered from the failure of Law^s schemes, and the returns 
from its mines and its trade had been disappointing. At the 
beginning of the year 1731 the company asked leave to sur- 
render its charter. The petition was granted, and, in April 
of the next year, a royal proclamation announced that the 
commerce and government of the colony were again under 
the direct control of the crown. Louisiana now became a 
separate royal province. In 1733 Bienville was once more 
made its governor. 

QUESTIONS. 

Tell what you know of Law and his scheme. What was the immediate 
effect of the new rule in the colony ? Tell what you know of New 
Biloxi. What was the company's policy concerning slaves and concern- 
ing the liberty of the colonists ? What was the character of the colonists ? 
Tell the story of the war with the Spaniards at Pensacola. How did the 
English interfere with the French at this time, and how were they re- 
sisted ? Give the different names of Law's company. What became of 
Law ? What effect had his fall on the colony ? — at Fort Toulouse ? 
Tell what you know of the Black Code ; of Bienville's dismissal. How 
was Perier's administration distinguished ? What became of the com- 
pany ? Tell what you know of the following : Philippe, Duke of 
Orleans ; the Supreme Council of Louisiana; Champmeslin ; Villemont ; 
the Natchez. 



CHAPTER Y. 

THE APPROACH OF THE EN"GLISH. 

The centre of interest in the French colony had now 
moved westward from the soil covered hy the present State 
of Alabama. It was not long before Mobile became sec- 
ondary in importance to 'New Orleans, while Fort Tonlouse 
remained the eastern outpost of Louisiana. But it is time 
for us to look further east than Fort Toulouse. 

We have seen how, from the J&rst planting of Iberville^s 
colony, white men from the Atlantic coast had been found 
among the Indians as far west as the country of the Choc- 
taws and the Chickasaws. Their presence and their influence 
had been a stumbling-block to Iberville and his successors. 
AVho Avere they, and whence did they come ? 

The sum of our knowledge about them is little more than 
this : they were English traders from the Carolinas. But 
this little is of vast importance, for it means that they were 
the advance guard in the southwestward movement of the 
greatest colonizers of the modern world — the British. They 
were probably rough specimens of manhood, but they repre- 
sented a mighty race. 

The land grants under the charters of the English colonies 
extended from sea to sea ; that is to say, the English kings 
granted to their subjects the right to settle all lands in North 
America lying between certain parallels of latitude. On tlie 
south the English claimed to the twenty-ninth parallel of 
north latitude. This claim was disputed by the Spaniards. 
On the west, the French had claimed and were attempting 
to colonize the whole of the great basin watered by the 



64 HISTORY OF ALABA3IA. 

Mississippi and its tributaries, as well as^tlie regions watered 
by the Alabama, the Coosa, and the Tallapoosa. 

Between the English on the coast and the French in the 
interior was a natural barrier — the Appalachian range of 
mountains. In the north the principal avenue through the 
mountains was across New York, in those days occupied by 
the Iroquois Indians. In the south the best passage was 
around the end of the range, where it subsides into foot-hills 
in northern Georgia and Alabama. This was the path by 
which the English traders usually entered the country of the- 
Creeks, the Choctaws, and the Chickasaws. The Cherokees 
held the southern end of the mountain wall, and, as a rule, 
they were friendly to the English. 

The governors of South Carolina had done little to help 
the pioneer traders until the growth of Louisiana in Law^s 
time frightened them with the prospect of French advances 
from the southwest and French influence among the In- 
dians. The idea of founding below the Savannah Eiver a 
colony which might become a defence for the Carolinas 
against the French in Louisiana and the Spaniards in Flor- 
ida was then suggested, but it bore no fruit until a move- 
ment of a different sort in England began to take shape in a 
colonial enterprise. 

The leader of the movement in the mother country was 
James Edward Oglethorpe, a distinguished soldier and a 
member of the British Parliament. In those days a man 
who could not pay his debts might be imprisoned, and thou- 
sands of helpless men had spent years in English j^risons for 
this cause. For the relief of such people, and for the relief 
also of Grerman exiles, driven from their country for re- 
ligion's sake, Oglethorpe proposed that a new colony be 
founded to the southward of the Carolinas. Wealthy and 
generous men came to his help, and in 1732 a company 
was organized and a charter obtained from King George II. 
for the colony, which in his honor was called Georgia. Its 



OGLETHORPE'S COLONY 



55 



northern and southern boundaries as fixed in the charter 
were the Savannah and the Altamaha ( Alatamaha) rivers and 
lines drawn from tlie sources of the two streams due west to 
the " south seas '" — that is to say, to the Pacific. The grant 
thus included a large part of northern Alabama. Ogle- 
thorpe himself, with a hundred and twenty-five colonists, 
men and women, left England in November, 1732, and pro- 
ceeded to lay the foundations of the new colony. 

Oglethorpe dealt wisely and fairly with the Indians. In May, 




1733, he assembled at Savannah a number of chiefs repre- 
senting various towns of the Lower Creeks and made with 
them a treaty by which they placed themselves under the 
protection of Great Britain. A schedule of prices at which 
articles of merchandise should be sold to the Indians was 
arranged. A gun, for example, was valued at ten l)uck- 
skins ; a knife at one doeskin ; an axe at two buckskins. 
The Indians further agreed to have no correspondence with 
the Spaniards or the French. A similar agreement was 
afterwards made witli the Cherokees. 

Notwithstanding the hostility of the Spaniards in Florida, 



56 History of Alabama. 

Georgia prospered under the rule of Oglethorpe. A begin- 
ning was made in agriculture, and the trade with the Indians 
was conducted with profit. Certain of the traders grew 
wealthy. G-eorge Gralphin, a man of Irish extraction, was 
particularly successful. He lived on the South Carolina 
bank of the Savannali River, but traded in Georgia. His 
pack-horse men went among the Upper and Lower Creeks, 
the Cherokees, the Choctaws, and the Chickasaws. Bar- 
gains were struck under the very nose of the French com- 
mandant at Fort Toulouse ; and the Chickasaws seem to 
have constantly favored the English. Thus Alabama be- 
came a battleground of the traders, and sometimes their 
rivalry led to expedients not so bloodless as the cutting of 
prices. 

It was an obscure sort of contest, but it is important and 
interesting to us because it was waged upon the soil of our 
own State, and well illustrates the rivalry between France and 
England in planting colonies and securing trade in America. 
The English proved the better colonizers and the better 
traders. They had a great advantage in the fact that their 
home government left them, in large measure, free to seek 
their own interests in their own ways, and did not hamper 
them with unwise regulations, as the French government 
hampered the French colonists. But too much credit 
should not be given to the English government for this ; 
as Edmund Burke, the great English orator, pointed out 
some years later, the colonists owed their freedom rather to 
its carelessness than to its design. They had prospered, 
chiefly because they had been treated with ^^wise and salu- 
tary neglect.'^ But it should be remembered that English- 
men at home were accustomed to greater freedom than 
Frenchmen or Spaniards. 

In the summer of 1739 Oglethorpe made a journey to the 
■country of the Lower Creeks, in order to attend their great 
council. This was to assemble at Coweta (Kawita), a Lower 



Religious Rivalries. 57 

Creek town, on the Alabama side of the Chattahoochee, 
nearly opposite the present city of Columbus. 

Oglethorpe visited some of the neighboring Indian towns, 
drank the ^^ black drink/^ smoked the pipe of peace, and in 
all things bore himself with courtesy and kindness. The 
treaty of 1733 was confirmed and the Indians again declared 
their allegiance to the king of Great Britain. 

Alabama at this time was the resort of various restless 
and enterprising sjoirits — French, Spanish, and English. 
Trade was an immediate object with most of them, but each 
of tlie three nations had designs on the country and agents 
at work among the Indians. The old battle of the religions 
was renewed among the savages. John and Charles Wesley, 
who were then jDriests of the Church of England, and Avho 
afterwards founded the Methodist Church, had come to Geor- 
gia with a hope of spreading the Protestant faith, but neither 
was ever in Alabama. In behalf of the Roman Catholic 
Church the French priests, particularly the Jesuits, were 
tireless in their efforts. In order to make America Catholic 
they were striving to make it French. 

The visit of the two Wesleys, Jolin (1703-1791) and Charles (1708- 
1788), is very interesting. Their missionary work in America was car- 
ried on under many difficulties, and they returned to England discouraged. 
It was after their return that their great work of founding the Methodist 
denomination was accomplished. This denomination is very sti-ong in 
Georgia and Alabama, and it is worth remembering that its founders 
confined their labors in America entirely to the South. 

QUESTIONS. 

What is known concerning the white traders whom the French found 
among the Indians ? Describe the conflicting claims of the P]nglish, 
French, and Spaniards. Show the importance of the Appalachian 
range. Explain the two chief reasons for founding Georgia. TIow diil 
the colony succeed? What was going on in the Alabanui country? What 
is said of the English as traders and colonizers ? Tell the story of Ogle- 
thorpe's visit to Coweta. Tell what you know of the following : The 
*' south seas " ; George Galphin ; the Wesleys. 



CHAPTEE VI. 

THE LAST OF BIENVILLE — VAUDREUIL AND KERLEREC. 

We turn again to the west and to Bienville. After eight 
years of absence, he arrived at Mobile in March, 1733, and 
with him came Diron d'Artaguette, who was soon stationed 
at Mobile as king's commissary. Bienville proceeded to 
New Orleans and set his hand to a task which had been left 
as a legacy of the N'atchez war. 

As we have seen, a remnant of the vanquished Natchez 
had taken refuge among the Chickasaws, who liad given 
them protection. The surrender of the refugees was de- 
manded by the French ; but the Chickasaws refused to give 
up their guests, and permitted the Natchez to set up a village 
near their own towns. Bienville saw that he must carry his 
point if the ascendency of the French over the Indians was 
to be maintained. He accordingly made preparations for 
an invasion of the Chickasaw country. 

His first step was to secure the alliance of the Choctaws. 
Some difficulty was encountered, as Eed Shoe, one of the 
Choctaw chiefs, headed a party opposed to the French inter- 
ests. The English, it seemed, had been quick to take advan- 
tage of the situation, and a party from Charleston had gone 
among the Chickasaws to confirm them in their 2)osition. 
Some of the English traders had visited the Choctaws, too ; 
but in the end the great body of the latter agreed to help 
Bienville in the war. Orders were sent to Pierre d'Arta- 
guette, a younger brother of Diron's, holding command in 
the Illinois country, to advance against the Chickasaws 
from the north with such force of whites and Indians as he 



EXPEDITION AGAINST THE CHICKASAWS. 59 

could bring. An appeal was also sent to France for arms 
and supplies. 

It was determined to approach the enemy by way of the 
Mobile and Tombigbee rivers. To carry out this plan M. 
de Lusser, with some soldiers and artisans, was sent up the 
Tombigbee to build a fort which could be used as a depot 
of supplies. The site selected was a point now known as 
Jones's Bluff, and the fort was called Tombecbe. All this 
work took time, however, and it was the spring of 1736 
before the expedition was ready to proceed. Pierre d'Arta- 
guette was ordered to meet Bienville in March at a point in 
the neighborhood of the Chickasaw villages. But at the last 
moment there was further delay because of the failure of 
supplies, and the date was changed. Bienville himself did 
not leave Mobile until the first of April. 

All sorts of boats had been collected to convey tlie troops, 
and the expedition made a good show as it passed up the 
bay and entered Mobile Kiver. There Avere five hundred 
soldiers, besides forty-five blacks commanded by a free 
negro named Simon. Orders were sent ahead to have bread 
baked at Fort Tombecbe, but there was difficulty in making 
ovens. Reaching the fort, Bienville was joined by Choctaw 
allies to the number of six hundred. He then reviewed his 
troops and continued his march. Heavy rains and the cur- 
rent of the Tombigbee made his progress slow, and it was 
the twenty-second of May before the expedition reached a 
landing place, nine miles above the Chickasaw villages. 

The Choctaws were impatient at the delays and dissatisfied 
with the leader's plan of first attacking the Natchez village, 
which lay farthest north. They wished to attack the nearest 
first ; and, as they furnished the guides, they were able to 
lead the army thither, and so by a ruse they accomplished 
their purpose. Tlie way lay across a prairie region, at tliis 
season beautiful with grass and flowers. Scouting parties 
were sent to look for Pierre d'Artaguette, but brought no 



60 HISTORY OF ALABAMA. 

tidings of him. Xeither were the Chickasaws visible along 
the route^ but at length three of their villages were seen. 
Over one of the villages an English flag was flying, and from 
a height they occupied the French could see the bustling 
figures not only of Chickasaws, but of Englishmen. The 
Chevalier de JS^oyan, a nephew of Bienville^s, and others of 
the officers now joined the Choctaws in urging an immediate 
attack. Led to believe that he might not find water further 
on, Bienville yielded, and at two o'clock on the afternoon of 
May 26, jSToyan, at the head of a battalion of French and 
Swiss, with some negroes in the lead, crossed an intervening 
brook and charged on the nearest village. 

The Chickasaws were protected by a line of stakes, behind 
which they stood in trenches so deep that little more than 
their heads appeared above the surface. The approaching 
column was an easy mark. Some of the negroes being hit 
at the first fire, the rest ran away ; but the French rushed 
on and entered the village which disj^layed the English flag. 
They met with a warm reception and many fell. Three 
cabins were taken, but the main fort lay further on. The 
loss of a number of officers dismayed the troops, and they 
clung to the cabins. The attack on the fort failed. Bien- 
ville was then forced to send out another detachment to 
cover the retreat of the first. After the retreat the Choc- 
taws made one rush up to the Chickasaw fortifications, but, 
being met by a withering volley, they retired sj^eedily. The 
loss of the French was thirty-two killed and sixty wounded. 

The attack was not renewed. Bienville could learn noth- 
ing of D'Artaguette, and the next day he began his retreat 
to Fort Tombecbe. There he left a force under Captain de 
Berthel, and he himself, with the main body of the troops, 
dropped down the river to Mobile," which he reached early 
in June. 

Meantime, where was D^Artaguette ? It was long before 
Bienville learned the story of his fate. With a force of 



Bienville Resigns. <ji 

some four hundred French and Indians he had reached the 
Chickasaw country some weeks ahead of the force from 
Mobile. Unable to obtain tidings of his chief, and fearing 
that his Indian allies would desert him if he waited too 
long, he moved to attack the N"atchez village. To his sur- 
prise, he encountered a force of five hundred Indians and 
thirty Englishmen. A short but bloody fight ended in the 
utter defeat of the French. This was on the twentieth of 
May. D'Artaguette was wounded, taken prisoner, and held 
until after Bienville^s defeat. Then he was burned at the 
stake, with sixteen of his companions. The Chickasaws had 
thus within a week defeated both the expeditions sent against 
theui. 

But Bienville was not discouraged. He doggedly set to 
work to retrieve his defeat. This time he consumed four 
years in preparation. A new line of approach by way of the 
Mississippi and the Yazoo was chosen. A fort was built near 
the site of Memphis, and troops were drawn from the Illinois 
country and from France. In March, 17-4:9, the expedition 
set forth. But the Chickasaws had become alarmed, and 
sent their chiefs to make terms. They declared that the 
Natchez had fled, and so a peace was arranged. 

For some time, however, Bienville had been losing favor 
with the authorities in France, and he now requested ^^ermis- 
sion to resign his office, which was granted. But he remained 
in Louisiana three years longer, devoting himself as before 
to the affairs of the colony, and especially to the task of ob- 
structing, by every means in his power, the advance of the 
English traders. His successor, the Marquis de A^audreuil, 
arrived at New Orleans in May, 1743, and then, after forty- 
four years of labor for the colony, Bienville })assed forever 
from its shores. His zeal and his courage had been great, 
his mistakes not numerous, but hi^ success luid been only 
moderate. A boy of eighteen when he first saw the ]\Iissis- 
sippi, he left it a man far past middle life. In France he 



62 HISTORY OF ALABA2IA. 

lived to be nearly ninety. It is said that to the day of his 
death he never ceased to take a warm interest in Louisiana, 
and when a vessel came from those distant shores he 
was the first to hoard it, seeking news of the empire he 
had tried to build up for France in the great valley of 
the west. 

It did seem for a time that the hold of the French on the 
Mississipj^i basin and the Gulf coast might be maintained. 
The decade following Bienville^s departure brought a measure 
of prosperity. New Orleans began to profit by a trade with 
the Illinois country. Agriculture was spreading, and rice, 
indigo, and tobacco were grown in increasing quantities. 
About 1751 the culture of sugar cane was introduced by the 
Jesuits, but it was some years later before cotton began to 
take its place among the crops. For a time there was no 
important warfare with the Indians, but among the Choc- 
taws, Red Shoe and his faction, favoring the English, con- 
tinued to make trouble. Red Shoe's activity brought on 
a civil war in the Choctaw country, in which one side was 
abetted by the English and the other by the French. In the 
end the French party triumphed, and Red Shoe was killed. 
In 1752 it was decided to strike another blow at the Chicka- 
saws, who had been attacking Frenchmen and interfering 
with the trade along the Mississippi. Governor Yaudreuil 
led an expedition against them, following the route of Bien- 
ville's march in 173G. He had a number of cannon, and food 
in plenty, but he fared little better than his predecessor. 
The Chickasaws avoided an open battle, and Yaudreuil suc- 
ceeded only in destroying some of the deserted villages. 
A strong garrison was left at Tombecbe. This, with the 
garrisons at Fort Toulouse and Mobile, constituted the 
military strength of France at that time on Alabama soil. 

The next year, 1753, Kerlerec, a naval officer, succeeded 
Yaudreuil as governor of Louisiana. His administration, 
which lasted until 1703, lias little of interest for the historian 



BOSSU'S IXTE RESTING ACCOUNT. 03 

of Alabama. In fact^ nothing of great importance was oc- 
curring in the colony during this period. In 1750 Bossu, a 
ca23tain of French marines, made journeys to Forts Toulouse 
and Tombecbe, of wliich he has left an interesting account, 
lie describes the Alabanuis and Creeks as living contentedly 
and peacefully, extending a generous hospitality to the 
French who visited them. Their contact with the whites 
was beginning to have an effect on their customs ; the effect 
on their dress was sometimes comical. The young chief of 
the Coweta town, who visited Fort Toulouse while Bossu was 
there, wore a crest of black plumes on his head, and on his 
body a coat of scarlet, with English cuffs, and a white linen 
shirt. 

But if little was happening on the Gulf, great events, full 
of meaning for the colony, were happening elsewhere. The 
fate of Alabama and of vaster regions to the west was being 
determined in other quarters of the world. 

Pierre Fraii9ois, Marquis de Yaudreuil, was born in Quebec in 1698. 
He was a son of an early governor of Canada, and he liiniself lield that 
office during the war with the EngUsh. He surrendered Montreal to the 
British General Amherst in 17G0. Returning to France after the wai', 
he was harshly treated by the French government, being deprived of his 
place and his property. He died at Paris in 1705. 

QUESTIONS. 

How were the Chickasaws affected by the Natchez war? Describe 
Bienville's iireparations for the Chickasaw war. What was the attitude 
of the Choctaws? Describe the expedition to the Chickasaw country ; 
the battle ; the retreat. Tell the story of Pierre d'Artaguette's expedi- 
tion. Tell of Bienville's retirement from Louisiana and liis. later life. 
Tell of Vaudreuil's war with the Chickasaws. What does Bossu say 
about affairs in Alabama in 1759? Tell what you know of the following : 
Diron d'Artaguette ; Fort Tombecbe ; the Chevalier Noyau ; Korlercc. 



CHAPTER VII. 



THE KULE OF THE BRITISH. 



The middle of tlie eighteentli century saw the end of the 
long struggle between France and England in North America. 
The final contest involved nearly all the nations of Europe, 
and was waged by land and sea in every quarter of the 
world. It is known in Europe as the Seven Years' War, 
but in America it is called the French and Indian War. 
Canada was the chief seat of the French power, and in Can- 
ada and along its borders most of the battles were fought. 
The southern colonies took no part in the fighting. 

The English began badly, but they were in the end com- 
pletely victorious. In 1759 Quebec was taken, and the next 
year Yaudreuil, who was now governor of Canada, surren- 
dered the whole province. But the war in Europe and on 
the ocean lasted two years longer, and it was not until Feb- 
ruary 10, 1763, that the final treaty of peace was made. 
This treaty is known as the Peace of Paris, and Great Bri- 
tain, France, Spain, and Portugal were the parties to it. 
Spain had come to the assistance of France in 1762, and 
the city of Havana, Cuba, had been taken by the British. 

France ceded to Great Britain all her possessions in J^orth 
America east of the Mississippi, except New Orleans and 
^'^the island on which it stands. ^^ By the ^^ island" was 
meant the land surrounded by the Mississippi and Iberville 
rivers. Lakes Maurepas and Pontchartrain, and the Gulf. 
Spain ceded to Great Britain the whole of Florida, including 
Pensacohi, and Great Britain restored Havana to Sj)ain. 



Geographical Changes. 65 

Seme time afterwards it was learned that by a secret treaty- 
made in 17G2, France had ceded to Spain the remainder of 
her possessions in IS^orth America, and so Spain came into 
possession of the vast and unknown regions west of the Mis- 
sissippi, as well as Xew Orleans. 

Thus, long before the State of Alabama began to exist, it 
was decided that men of English birth should possess the 
lands now embraced within its limits. No longer a border- 
land between the colonies of two great nations, the soil was 
finally given over to English speech and English laws. 
Nothing we shall have to tell hereafter will be of greater 
importance than this. 

Now that all the land east of the Mississippi River, except 
New Orleans, belonged to England, the king could fix the 
boundaries as he pleased. This he did in a proclamation on 
October 10, 1763, and the geographical changes he made 
may be summed up as follows : 

1. The southern boundary of Georgia was shifted from the 
Altamaha River to the St. Mary's. From the source of the 
St. Mary's it ran due west to the head of the Appalachicola 
River^ and from that river to the Mississippi the 31st parallel 
was the southern boundary. It was so defined in a new 
commission issued to Governor Wright of Georgia in 1764, 
but no charter fixing these boundaries was given to Georgia. 

2. The remainder of Florida, together with that part of 
Louisiana lying east of the Mississippi and south of parallel 
31, was organized into two provinces, which were named' 
East and West Florida. East Florida extended as far 
west as the Appalachicola River. West Florida extended 
from the Appalachicola and Chattahoochee rivers to tlie 
Spanish possessions, thus including Pensacola, Mobik', and 
what is now the coast counties of Alabama and Missis- 
sippi. At first the northern boundary of West Florida was 
the line of 31° north latitude ; but it was found that tliis 
left the Avhite settlement around Fort Rosalie (now Natchez, 

5 



66 



HISTORY OF ALABAMA. 



Miss.) without courts or government, and therefore in 1767 
West Florida was enlarged and its northern boundary was 
fixed at a line drawn due east from the mouth of the Yazoo 
Eiver to the Chattahoochee. This was the line of 32° 28' 
north latitude. It struck the Tombigbee River a little be- 



'&{; 



X 



34- 



■^ 



d^' 









\ 



33" 



\ 



33' 



\ 



32 28, 



H 



32' 



\ 



CRE 
^^ ^ [kP < (VCONFEDERATIOff 

"^^ Choctav, 



32°28 



32' 



c^. 



31 



^ 



::-i] 









V iJ iC'; 



30 






'a 



air "f 



///•// 



CO 



30' 



low the present town of Demopolis, and the Alabama a little 
below the junction of the Coosa and the Tallapoosa. 

3. Above the line of 32° 28' was a vast region, stretching 
as far north as the present Michigan, and extending from 
the Appalachian chain to the Mississippi. Several of the 
colonies along the Atlantic coast claimed slices of this '' Illi- 
nois country/" but the king, in his proclamation, set it apart 
as a home for his Indian subjects, under the governors of 



I 



Mobile Surrendered to the English. 67 

the coast provinces, and forbade the whites to settle there 
for the present. 

The vanquished French, as a rule, retired beyond the Mis- 
sissippi or returned to France. In and around Mobile, how- 
ever, a considerable number of French families remained, 
and their descendants have for generations formed a respect- 
able element in the population of that region. In October, 
1703, the French commandant at Mobile surrendered the 
fort to Major Kobert Farmer, representing the English. In 
November Fort Tombecbe was delivered to Captain Thomas 
Ford, who garrisoned it with British troops. About the 
same time the commandant at Fort Toulouse, having waited 
in vain for the British to appear, spiked his cannon, cast a 
large quantity of powder into the Coosa, and left the fort 
without a garrison. 

The first governor of British West Florida was Captain 
George Johnstone, of the Koyal JSTavy. Arriving at Pensa- 
cola in February, 1764, he issued a proclamation defining 
the limits of the province. Fort Conde at Mobile was im- 
proved and garrisoned, and its name was changed to Fort 
Charlotte, in honor of the English queen. Fort Toulouse 
was also occupied for a time, but it was subsequently aban- 
doned, and the fort went to ruins. Pensacola became the 
capital. 

The British adopted a liberal policy of land grants to 
encourage immigration. For the most part the immigrants 
sought the rich lands near the Mississippi. Thither they 
proceeded from the Carolinas by way of the Tennessee, and 
from Georgia through the Creek country. Before long 
others came from New England, from Great Britain, Ireland, 
and the West Indies. Negroes were imported under English 
rule, as they had been under the rule of the French. 

The annals of West Florida are not of the first importance 
to the student of Alabama history. Outside the neiglibor- 
hood of Mobile no permanent settlements were made. About 



68 



HISTORY OF ALABAMA. 



Mobile, however, and along the river above the town, were 
a number of plantations. Among the exports from Mobile 
and Pensacola were indigo, corn, rice, tobacco, tar, and 




SEAL OP BRITISH WEST FLORIDA. (OBVERSE.) 

lumber. Cotton was cultivated to some extent, and rude 
machines were devised even at that day for separating the 
lint from the seed. Contrary to Spanish law, there was a 
trade with the Spaniards in negroes. 



A COUNCIL AT Mobile. 



69 



In tlie spring of 1765 there was a great gathering of Chicka- 
saws and Choctaws to attend a conncil at Mobile. Governor 
Johnstone and Captain John Stewart, British Superintendent 




SEAL OF BIUTISII WEST FLOUIDA. (UEVEKSE.) 



of Indian Affairs in the south, were present. Agreements 
were made concerning trade and the safe passage of immi- 
grants through the Indian country. Some of the coast 
Choctaws and part of the Alahamas had followed the French 



70 



History of Alabama. 



beyond the Mississippi and settled in Louisiana. The re- 
maining tribes proved friendly to the English. 

Governor Johnstone was succeeded in 1767 by Governor 

John Elliott. Elliott soon 
died, and Lieutenant Governor 
Montfort Browne took his 
place. But in 1771 Browne 
became governor of the Ba- 
hamas, and the Hon. Peter 
Chester was commissioned 
governor of West Florida. 
He was highly esteemed, and 
the colony flourished under his 
administration, which ended 
only with the end of British 
rule in the ^^rovince. 

We are fortunate in having 
a good account of the condi- 
tion of things around Mobile 
and in the Indian country 
during the period of British 
possession. William Bartram, 
a botanist, passed through tlie 
Cherokee and Creek coun- 
tries, and in the year 1777 he 
visited Mobile and Pensacola. 
Much of our information con- 
cerning the Indians given in 
previous chapters is obtained 
from his Travels. He tells us that Mobile extended about 
half a mile from the river, but many of the houses were now 
in ruins. A few good buildings were inhabited by immi- 
grants from France, Ireland, Scotland, England, and the 
northern English colonies. Swanson and McGillivray, who 
conducted the trade with the Indians, had a large establish- 




BRITISH SOLDIER AND FLAG. 



Notes and Questions. 71 

ment in the town. Above the town there were some litind- 
some plantations. Fort Charlotte, at the lower end, near 
the bay, was a substantial structure of brick. In the Creek 
country, near the site of the present city of Montgomery, 
Bartram met a party of emigrants from Georgia, making 
their way southwards, who are believed to have been the first 
English-speaking settlers in the present Baldwin County. 

But once again we must turn to the east for events of im- 
portance to the history of Alabama. 

[Publishers' Xote. — The Englisli of the Latin words on the circum- 
ference of the Seal of British West Florida (Obverse) is: "Seal of 
Our Province of West Florida," and the English of the words at the 
foot, as translated by Dr. Gildersleeve, is : "Avail thyself of bettered 
Fortunes." The Latin words on the circumference of the Reverse of 
the seal are in full as follows: " Geoi'gius III. Dei Gratia Magnce 
Britanni(B, Francim et Hihernice Rex, Fidei Defensor, Brunsvici et 
Liinehurgi Dux, Sacri Romani Imperii Archi-Thesaurarius et Princeps 
Elector.''' These words translated into English are : " George III. by 
the Grace of God King of Great Britain, France and Ireland, Defender 
of the Faith, Duke of Brunswick and Luneburg, Higli-Treasurer and 
Prince Elector of the Holy Roman Empire." The words round the 
inner circle on the Reverse and the words underneath are French, and 
the English is : " Evil be to Ilim that Evil Thinks. God and My Right."] 

QUESTIONS. 

Explain with the map tlie geographical results of tlie war between 
England and France. What became of the French in Alabama? Name 
the several governors of British West Florida. What were the chief 
events during the period of British rule? W^hat was the condition of 
Mobile and the country just above it ? What was the attitude of the 
Indians? What do we learn from Bartram ? Tell what you kiiow of 
the following : Major Robert Farmer ; Fort Charlotte; Svvanson and 
McGillivray. 



CHAPTER VIII. 

THE REVOLUTION. — McGILLIVRAY. 

What was happening this time was the American Revo- 
lution. England had scarcely driven the French from the 
continent when her own colonies began to show a spirit of 
independence. In 1775 fighting began in Massachusetts, 
and the conflict soon raged along the whole coast from 
Canada to Florida. 

For a while West Florida was not involved. Its English- 
speaking population was largely official, and many of the 
planters were recent immigrants, not yet strongly attached to 
the soil. They made no move for independence, and the 
colony was as quiet as before the war began. The coming 
^f a number of loyalist refugees from Georgia and other colo- 
nies, where for a time the Whigs, as the patriot party was 
called, had the upper hand, was the first effect of the strug- 
gle in the country about Mobile. These refugees found 
no difficulty in passing through the Creek country, for the 
Creeks were friendly to the British cause. 

The attitude of the Creeks was due chiefiy to Alexander 
McGillivray, one of the most remarkable men ever born on 
Alabama soil. This man's father, Lachlan McGillivray, a 
runaway from a Scotch home, came to South Carolina a boy 
of sixteen. A trader employed him to accompany an expe- 
dition to the Chattahoochee. There he swapped a jackknife 
for some deerskins, and thus began business for himself. 
In a few years he was a prosperous trader. iVt the Hickory 
Ground, an Indian village a few miles above Fort Toulouse, 
he found on one of his expeditions a dusky maiden called 



MCGILLIVRAY HELPS THE ROYALISTS. 73 

Sehoy Marcliaiid, a daughter of that Captain Marchand who 
was murdered by his mutinous sokliers in 172:2. The mother 
of Sehoy was a Creek woman of the clan or gens of the 
AVind — the gens from which the Creeks were accustomed to 
choose their chiefs. McGillivray took Sehoy to be his wife, 
and they were the parents of Alexander McGillivray, who 
was born probably about the middle of the century. 

When the boy was fourteen years of age, his father, who 
was now wealthy, took -him to Charleston to be educated. 
He made good progress in his studies, but he was not content 
to be separated from his mother's people. About the time 
the Kevolution broke out he disappeared in the Creek coun- 
try, and when we next hear of him he Avas presiding at a 
national council at Coweta (Kawita). Here he was intro- 
duced to Le Clerc Milfort, an adventurous Frenchman, who 
was living among the Indians. Milfort was a military man. 
McGillivray, slender and rather delicate, was more inclined 
to diplomacy and statecraft. The one became the civil chief, 
the other the war leader, of the Creeks. Like his father, 
Alexander McGillivray was royalist in sympathy. Colonel 
Tait, an English officer stationed at the Hickory Ground to 
conciliate the savages, found him an able helper, and together 
they kept the Creeks hostile to the AVhigs throughout the 
war. The rank and pay of a colonel in the British service 
were given to McGillivray. 

The British in West Florida were thus protected on the 
east ; but the first attack came from the west, not from the 
east. In March, 1778, James Willing, of Philadelphia, ap- 
peared Avitli a small force in the Xatchez country, autliorized 
to recruit for the American service. Knowing that most 
of the inhabitants were loyal to Great Britain, he at first 
asked them only to take an oath of neutrality. Shortly 
afterwards, however, he captured an Englisli vessel on the 
Mississippi, took it to Xew Orleans, and sold it. Returning, 
he proceeded to plunder the planters. The settlers formed 



74 



HISTORY OF ALABAMA. 



an association to protect themselves ; drove Willing out of 
the country ; repaired old Fort Rosalie^ now called Fort Pan- 
mure ; swore allegiance to the king ; and called on General 
Campbell, who commancled at Pensacola, for some soldiers 
and a leader. Campbell sent them a Captain Michael Jack- 
son, who behaved no better than Willing. He soon got into 
trouble with the settlers, and before long was forced to leave. 
The Americans, however, were too busy in the east to send 

an expedition in that direction, and 
the royalists were in little danger 
until a new actor appeared on the 
scene. 

This was Don Bernardo de Galvez, 
the Spanish governor of New Orleans, 
a man of great energy and ability. In 
1779 Spain went to war with Great 
Britain, as France had done the year 
before, and Galvez at once set about 
the conquest of British West Florida. 
In September he took the forts on the 
Mississippi, and then made ready for 
an attack on Mobile. In March, 1780, 
he landed an army below the city, 
planted a battery before Fort Charlotte, and soon forced the 
commandant to surrender. The capitulation included all 
the dependencies of Mobile, from the Perdido River to the 
Pearl. Pensacola was attacked the following May. General 
Campbell, the commandant, made a vigorous defence, assisted 
by a party of Creeks, under William Augustus Bowles, but 
Galvez was completely successful. Campbell surrendered 
not merely Pensacola but the whole of West Florida. 

Meanwhile, the loyalists in the Natchez country were 
having a hard time. By a stratagem they had retaken Fort 
Panmure, and they were hoping for help from the east when 




J^C^'c^c^^ 



news came of the taking of Pensacola. 



Abandoning the 



CESSIONS TO SFAI^". 75 

fort, they fled to the wilderness, and set forth on an over- 
land journey to Savannah, which was now in the hands of 
the British. A party of men, women, and children made 
their way, with much suffering and heroism, from the Mis- 
sissippi to the Coosa, and finally reached the country of the 
Creeks, who gave them protection and helped them on to 
the east. The refugees thus traversed the modern States of 
Mississippi and Alabama. The later events of the war had no 
special bearing on West Florida. 

The long struggle for independence was ended by three 
great treaties signed September 3, 1783, and taking effect 
at the same time. One was between Great Britain and the 
United States, and recognized the colonies as independent 
States. This was the Treaty of Paris. The second was be- 
tween Great Britain and Spain, and was signed at Versailles. 
The third, also signed at A'ersailles, was between Great 
Britain and France. 

The Mississippi became the western boundary of the United 
States ; this applied to those States which claimed slices of the 
" Illinois country.^' The southern boundary was described as 
a line drawn along the 31st parallel of north latitude from the 
Mississippi to the Chattahoochee, down the Chattahoochee to 
the head of the Appalachicola, thence direct to the head of the 
St. Clary's River, and down the St. Mary^s to the Atlantic. 

Great Britain confirmed Spain in the possession of West 
Florida and ceded to her East Florida. The northern limit 
of AVest Florida was not defined in the treatv, but the entire 
province was ceded to Spain, and its northern line since 1767 
had been 32° 28'. Thus it will be seen that by two treaties, 
which took effect at the same time, the land between parallels 
31° and 32° 28' was ceded by Great Britain to Spain and also 
included within the boundaries of the United States. This 
was a cause of controversy between the two countries. Spain 
occupied the region in dispute, and held it until the contro- 
versy was settled several years later. 



76 HISTORY OF ALABAMA. 

Georgia still maintained its claim to the territory of the 
present Alabama north of the 31st parallel, and South Caro- 
lina, under its original charter, had a claim to a strip, twelve 
miles broad, lying just below the 35th parallel which is now 
the northern boundary of our State. 

Thus Alabama continued to be a land of claims and coun- 
ter claims, and did not begin to take any final shape on the 
map. For the time, the chief historical interest lay in the 
first claimants of all — the Indians. McGillivray was having 
a good opportunity to display his remarkable talent for in- 
trigue and diplomacy. He had no reason to like the Ameri- 
can patriots. His father, who was a royalist, had left the 
country ; and the wealth which the son might have inherited 
was confiscated. So the son formed an alliance with the 
Spaniards in 1784, and made arrangements for giving them 
the control of the commerce with his people. He further 
agreed to deliver up to them all white men in the Creek 
country opposed to the Spanish influence. In return he 
was made a Spanish commissary, with the rank and pay of 
colonel. William Panton, a Scotch merchant of Pensacola, 
who Avas the foremost Indian trader of the southern country, 
did much to bring this agreement about. He and McGillivray 
were friends, and McGillivray himself profited by the privi- 
leges Panton obtained among the Indians. 

Georgia, meanwhile, had made a treaty with the Chero- 
kees, who ceded a large tract of land on the head waters of 
the Oconee. This was in May, 1783, and in JS^ovember a 
small party of Creeks went to Augusta and ratified the treaty. 
McGillivray and the great body of the Creeks denounced it 
and refused to abide by it. When the Georgians began to 
settle in the newly acquired lands, strife arose, and there 
were numerous bloody meetings between Georgians and 
Indians. 

In the autumn of 1785 the Continental Congress sent 
commissioners to treat with the Creeks. McGillivray prom- 



Trouble in Tennessee valley. r? 

ised to meet them, but when the time came only the chiefs 
of two towns, Avith a small band of warriors, appeared at 
Galphinton, the place of meeting. The commissioners de- 
clined to treat with so few, but agents of the State of 
Georgia made another agreement with them, confirming the 
previous treaty, and purchasing the lands and islands between 
the Altamaha and the St. Mary's. A like treaty was made 
with a few Creeks at Shoulderbone a year later. 

McGillivray repudiated these agreements also, and the two 
chiefs Avho went to Galphinton were censured by the grand 
council at Tukabatchi. It was not until April, 1787, that 
James White, an agent of the Continental Congress, suc- 
ceeded in meeting McGillivray himself. This was at Cusseta 
(Kassita), and a large number of chiefs was present. They 
all declined to recognize the various treaties with Georgia as 
binding on the " nation.'' At the end of the conference 
McGillivray announced his willingness to give up the lands 
on the Oconee if Georgia would surrender to the Vnited 
States the country south of the Altamaha. The shrewd 
chief had discovered that the Georgians were not in agree- 
ment Avith Congress on the Indian question. 

Meantime, bloody scenes were enacted in the Tennessee 
valley as well as on the Georgia frontier. In 1785 the 
Georgia legislature had established the county of Houstoun, 
embracing the modern Alabama counties of Lauderdale, 
Limestone, Madison, and Jackson. A settlement was effected 
in what is now the northwestern corner of the State, but 
in two Aveeks the colonists were driven off by the Indians. 
Expeditions of Creeks and Alabamas are known to have gone 
northward to the immediate neighborhood of Nashville. 
The hardy founders of Tennessee, in tlieir turn, led by 
Colonel James Robertson and others, made flying trips to 
the Tennessee valley, burning Indian towns and driving away 
certain French traders from the Wabash country who had 
come to meet the Indians near the site of modern Florence. 



78 HISTORY OF ALABAMA. 

In 1788 the Continental Congress appointed another Indian 
agent in the souths with whom representatives of Georgia 
and South Carolina were associated. But McGillivray, strong 
in the support of Spain^ refused to meet them unless the 
Georgians were removed from the Oconee lands. Such was 
the state of affairs when, in 1789, the Constitution of the 
United States went into operation and the Federal govern- 
ment was organized with Washington as President. 

Le Clerc ^Nlilfort (1750-1817) had a strange career. After travelling 
through the English colonies in America he went among the Creeks about 
the beginning of the Revolution and married a sister of Alexander Mc- 
Gillivray's. He remained with the Creeks twenty years. In 1796 he 
returned to France, and was later a general of brigade under Napoleon. 

Don Bernardo de Galvez (1746-1786) is one of the most interesting fig- 
ures among all the Spanish captains in America. In 1785 he became 
Viceroy of Mexico and did much to develop the resources of that coun- 
try. The castle of Chapultepec, at once a palace and a fort, was built 
by him, and was the scene of a fierce conflict during our war with Mex- 
ico. He is said to have died of melancliolia, brought on by the distrust 
the home government manifested towards him. 

James Robertson (1742-1814) was a famous pioneer and Indian-fighter. 
In 1779 he led a company of settlers to the Tennessee country and 
founded Nashville. Alabama as well as Tennessee has good reason to 
revere his memory. 

QUESTIONS. 

Why was West Florida undisturbed during the early part of the Revo- 
lution ? What was the attitude of the Creeks? Tell of the ancestry of 
Alexander McGillivray. Describe the victories of Galvez. What claims 
were advanced to the different parts of Alabama at the close of the 
Revolution? Describe McGillivray's attitude towards the claimants. 
Tell of the following, and when the word is the name of a place locate 
it on the map : Milfort; Hickory Ground; Cusseta; Sehoy; Panton; 
Galphinton. 



CHAPTER IX. 



THE LAST OF MrGILLIVRAY. — SPANISH WEST FLORIDA. 

Under the administration of 

AYashington as President of the 

United States a commission was 

appointed to deal with the Creeks. 

The commissioners met McGilli- 

vray and some two thousand of 

his followers at Rock Landing, on 

the Oconee, in September, 1780. 

A treaty was read to the Indians. 

McGillivray and his chiefs went 

into private council, and next day 

they announced that the terms 

were not satisfactory. They then 

broke up camp and departed. 

The commissioners returned in 

vexation to Augusta. 

Washington now decided to in- 
vite McGillivray to New York, 
and sent Colonel Marinus Willett, 
a Revolutionary officer, to the 
country of the Coosa and Talla- 
poosa. In the spring of 1790 Wil- 
lett passed through the Chero- 
kee nation, found McGillivray, and delivered Washington's 
letter. A council of the Lower Creeks was called, and the 
President's emissary made a speech to the assem])led chiefs 
and warriors, inviting them to send their head chief to Wash- 




SOLDIER AND FLAG OF SPAIN. 



80 HISTORY OF ALABAMA. 

ington's '^^ council house ^^ at New York. They agreed that 
McGillivray should go. A few days later, at Tukabatchi, the 
Upper Creeks also gave their consent. 

So McGillivray, with about a score of warriors and chiefs, 
set out in June with Colonel Willett for New York City. 
There the Creeks were well received and courteously enter- 
tained. Negotiations with them were conducted by General 
Knox, the Secretary of War. A treaty was made, and on 
August 7, 1790, it was signed by General Knox for the 
United States and by McGillivray and twenty-three chiefs 
and warriors forthe Creeks. 

This treaty declared a perpetual peace, placed the Creek 
nation under the sole protection of the United States, con- 
firmed the boundary substantially as fixed by the agreements 
of Augusta, Galphinton, and Shoulderbone, and provided for 
a commission to mark, the line. The Creeks promised to make 
no treaties with any State or individuals of any State, and to 
give up all their American prisoners. They were to be pro- 
tected in the lands left to them, and the sum of fifteen 
hundred dollars was to be paid them annually. 

Thus McGillivray and the chiefs gave up the Oconee lands, 
apparently for very little. But it has since transpired that 
there was a secret treaty, according to which several of 
the principal chiefs were to receive annual pensions and 
medals, and McGillivray himself was made an American 
agent, with the rank of brigadier-general and a salary of 
twelve hundred dollars per annum. Having already worn a 
British and a Spanish title, he now assumed a still higher 
rank as an American officer. Thus decorated, he returned 
to his home at the Hickory Ground. 

But the real value of the treaty was still to be determined. 
When Andrew Ellicott, United States agent, and James Sea- 
grove, Superintendent of the Creeks, arrived on the Oconee 
to run the boundary line, McGillivray put them off, and con- 
tinued to do so from time to time. One of his excuses was 



Death of McGillivray. 81 

the disturbances raised by William Augustus Bowles^ whom 
we have seen leading some Creeks to defend Pensacola in 
1781. Bowles had later appeared on the Chattahoochee as a 
trader, and had tried to undermine the power of McGilli- 
vray. Driven from the country, he had become a pirate ; 
but he now reappeared on the Chattahoochee and intrigued 
with some success against the chief, denouncing the treaty 
of New York, and urging the Creeks to throw off both the 
Spanish and the American yoke. 

McGillivray went to New Orleans under a cloud. But 
soon he was apparently on good terms with the Spanish 
authorities ; and before long Bowles was captured and taken to 
New Orleans, and thence to Havana. McGillivray returned 
to the Coosa, and was made Superintendent of the Creek 
nation in behalf of Spain, with a salary of thirty-five hun- 
dred dollars. He was still taking the pay of the United 
States, and the American commissioner was awaiting his 
pleasure on the Oconee. 

But McGillivray^s career was suddenly closed by death on 
February 17, 1793. Though he died comj^aratively young, 
he had lived long enough to make himself a man of impor- 
tance to Great Britain, to Spain, and to the United States. 
Among the Creeks he held a place which no successor has 
ever quite filled. 

A period of confusion, violence, and border war followed 
McGillivray^s death. The boundary controversy between 
Spain and the United States was still unsettled ; and Georgia 
was firmly asserting her claims to the lands in disi:>ute. In 
1787 South Carolina had ceded to the general government 
her claim to the *^ twelve-mile strip" which now forms the 
extreme northern part of Alabama and Mississippi. But 
Georgia was more persistent. As early as 1785 she had by 
law established the county of Bourbon, embracing the set- 
tlements about Natchez ; but this region was now occupied 
by Spain. In 1789 she took a further step. Five million 
6 



82 History of Alabaiia. 

acres of land, embracing what are now the central counties 
of Mississipjoi, were sold to the "South Carolina Yazoo 
Company " ; seven million acres, embracing the northern 
counties of Mississippi, to the " Virginia Company ^^ ; and 
three and one-half million acres, embracing the northern 
counties of Alabama, to the " Tennessee Company.'^ These 
transactions became known as the first Yazoo sale. The 
purchase price was ridiculously small. Washington issued a 
proclamation against the whole enterprise, and, in response 
to a Spanish protest, ordered General St. Clair to stop by mili- 
tary force all efforts of the "South Carolina Company"^ to 
colonize the country around Natchez. Agents of the " Ten- 
nessee Company^' attempted a settlement at the Muscle 
Shoals, but were driven away by the Cherokees and Chicka- 
saws. The "Virginia Company ^^ made no effort to profit 
by its purchase. Finally, all these companies having failed 
to make the payments due to Georgia, the State rescinded 
the bargain. 

But Georgia did not give up the idea of selling the western 
lands which she claimed. The Georgians, in fact, felt ag- 
grieved against the national government because it did not 
act more vigorously against the Indians and the Spaniards. 
So, in the winter of 1794-5, when George Matthews was 
governor, the legislature passed another "Yazoo" bill. For 
the sum of 1250,000 there was conveyed to the "Georgia 
Company " an immense tract of land, embracing fifteen 
counties in the present Mississippi and parts of six others, 
and in the present Alabama the counties of Clarke, Greene, 
Marengo, Perry, Autauga, Bibb, Shelby, Tuscaloosa, Pick- 
ens, Fayette, Jefferson, St. Clair, and portions of eight 
others. To the " Georgia Mississippi Company," for the 
same sum, was conveyed another tract, lying mainly in Mis- 
sissippi, but embracing also parts of Washington, Sumter, 
and Greene counties in Alabama. To the "Upper Missis- 
sippi Company," for $35,000, was conveyed the whole of the 



THE Yazoo Fraud. 83 

northern part of Mississippi. To the '' Tennessee Company," 
for $60,000, was conveyed the whole of Northern Alabama 
— the region which now includes the counties of Lauderdale, 
Madison, Jackson, De Kalb, Cherokee, Marshall, Morgan, 
Lawrence, Franklin, and parts of Marion, Walker, and 
Blount. 

These several tracts aggregated twenty-one million acres. 
The purchase price, $595,000, was so insignificant that sus- 
picions of fraud were naturally entertained. For years the 
^^ Yazoo Fraud" was a political war-cry. The four com- 
panies paid their purchase money ; but the next year popu- 
lar indignation swept out of power the men who had voted 
for the sale, and a new legislature hastened to declare it null 
and void. The bill itself was publicly burned. But in the 
meantime immigrants had been attracted to the Tombigbee 
and the Mississippi to occupy lands granted them by the 
companies. Some of these immigrants remained and became 
good citizens of Alabama and Mississippi in later years. The 
Lidians, meauAvhile, were steadily hostile to Georgia's west- 
ern claims, and they were supported, in a measure, by the 
government at Washington. 

Turning now to the southward and westward, we find 
comparatively little of interest in the history of the Span- 
iards in West Florida. As we have already seen, it was 
mainly through the influence of McGillivray and Panton that 
they kept on good terms with the Indians. Their intrigues 
with the red men were carried on with a vicAV to resisting 
the territorial pretensions of the Georgians south of the line 
of 32° 28'. But, though they continued to hold the region in 
dispute, they did little to colonize it, except to encourage 
immigrants by liberal grants of land and a mild rule, thus fol- 
lowing the policy of the English. There were Spanish gar- 
risons at Pensacola, at Fort Charlotte, at Fort Tombecbe, and 
at Fort St. Stephens, wliich was built on a bluff on the Tom- 
bigbee. An English trading post, called Ten saw, near the 



84 



History of Alabama. 



present Stockton, was repaired and occupied. There were 
other forts to the westward. All these establishments were 
under the immediate command of the governor of Louisiana; 
but the real ruler of both Louisiana and West Florida was 
the captain-general at Havana, Cuba. 

A number of planters of British blood, who had been 
royalists during the Revolution, were settled along the Mobile 




VIEW OF THE TOMBIGBEE FROM FOKT ST. STEPHENS. 



and Tensaw rivers. In the Natchez country there were 
some large plantations ; and American immigrants were 
finding their way to the Tombigbee and the Mississippi. In 
that part of the province which now belongs to Alabama the 
Highland Scotch element was peculiarly conspicuous, par- 
ticularly the family of Mcintosh — a family which also had 
prominent representatives in Georgia. The members of the 
firm of Panton, Leslie & Co., the great Indian traders of 
Pensacola and Mobile, were Scotchmen. The Spaniards 



Development of Cotton Planting. 



85 




welcomed such immigrants as these^ and were, in general, 
courteous and fair to men of races and religions other than 
their own. 

Besides the trade with the Indians, the principal industry 
of the province was agriculture. Tobacco was the chief prod- 
uct for a while, 
but about the 
year 1787 the 
competition of the 
Tennessee and 
Kentucky plant- 
ers destroyed the 
profit of growing 
tobacco on the 
Gulf. Indigo was 
cultivated with 
success for a few 
years ; but in the 
end the superior 

fitness of the soil for cotton growing was discovered, 
seeds first used came from Georgia and Jamaica ; but about 
the beginning of the nineteenth century Mexican seeds were 
introduced and proved better adapted to the soil and cli- 
mate. In 1794 Eli Whitney invented the cotton gin. 

The development of cotton planting, more than anything 
else, strengthened the institution of slavery ; for negro labor 
was thought to be indispensable in this industry. The 
French came to consider the African necessary to the pros- 
perity of their settlement on the Gulf, and the later inhabi- 
tants of the region accepted and extended the institution 
they established. 

William Augustus Bowles (17G3-1805) was a native of Maryland, but 
espoused the cause of England during the Revolution, and led his Indian 
friends against the Americans, After his capture by the Spaniards, he 
escaped, and was again among the Creeks early in the nineteenth cen- 



ELi Whitney's cotton uin. 



The 



86 History of alabajta. 

Uiry. In 1804 he was betrayed into the hands of the Spaniards, and died 
a prisoner in Morro Castle, Havana. 

The head of the Mcintosh family in the south was Captain John Mc- 
intosh, chief of the Mcintosh clan in Scotland. He received from the Eng- 
lish government a grant of land at Mcintosh Bluff on the Tombigbee, and 
made a settlement there. His daughter married a British officer named 
Troup, and their son, born at the Bluff, was Alexander M. Troup, who be- 
came a famous politician and governor of Georgia. Roderick, a brother 
of Captain John, known as Rody, was an eccentric and well-known 
loyalist during the Revolution. He married a Creek woman and had a 
son, who became a chief, and whom we shall see later fighting on the 
side of the Americans in the Creek war of 1813-14. After the war Chief 
Mcintosh signed a treaty which ceded considerable territory to Georgia. 
For this act he was set upon and murdered by the hostiles. 



QUESTIONS. 

How did Washington first proceed in dealing with the Creeks, and 
what was the result ? Tell the story of Colonel Willett's expedition 
and its outcome. Give the chief features of the treaty made with the 
Creeks at New York. What came of the treaty? Tell what you know 
of McGillivray after his return from New York. Describe the condition 
of affairs after his death. What steps did Georgia take in imrsuance of 
her western claims ? Describe the first "Yazoo sale" and its outcome ; 
the second, and its outcome. What was Spain's policy in regard to the 
disputed territory? Plow did the Spaniards treat foreign settlers? Tell 
of the changes in crops. Explain the connection between cotton and 
slavery. 



CHAPTER X. 

THE MISSISSIPPI TERRITORY. 

But tliere was about to be another change in the political 
geography of the southern country. As we have seen, both 
Spain and the United States laid claim to the region bounded 
by the Chattahoochee on the east, the Mississippi on the 
west, the line of 31° on the south, and the line of 32° 28' on 
the north. It took twelve years to settle the question, and 
during those years the final destiny of the region between 
Georgia and the Mississippi seemed to be much in doubt. 

The settlers on the lands now covered by the States of 
Kentucky and Tennessee were struggling for recognition as 
self-governing communities, and were dissatisfied with the 
hesitation of Congress about admitting them to the Union 
as States. They were angry, too, because the national 
government did not force Spain to give them free navigation 
of the Mississippi River, Avhich was the natural avenue for 
their exports. The Spanish authorities tried to take advan- 
taofe of this feelino; to detach the western countrv from the 
Union and make it a part of Louisiana. Such a cliange 
would have affected the history of Alabama very greatly. 

On the other hand, an influence was brought to bear, not 
merely on the western settlers, but on the Georgians and 
South Carolinians, having as its object the overthrow of 
Spanish rule in Louisiana and the Floridas. This influence 
came from France through its minister. Genet, who landed 
in Charleston, South Carolina, early in 1703. The French 
Revolution was now in full swing, and a great European war 
was beginning. At first American sympathy was strongly 



88 



History of a lab aha. 



on the side of the revolutionists. General Elijah Clarke, of 
Georgia, was very active in the French interest, and other 
Americans accepted commissions from France. It is even 
said that some Creeks and Cherokees were ready to take the 
field. Washington, however, rightly holding to a neutral 
policy in the European struggle, soon sent Genet out of 

the country, and his 
designs never came 
to a head. The ad- 
mission of Kentucky 
and Tennessee as 
States tended to heal 
the discontent in the 
west. 

Atlength,inl795, 
Thomas Pinckney 
was sent to Spain, 
and in October of 
that yearhe conclud- 
ed a treaty which put 
an end to the boun- 
dary dispute. The 
line finally agreed on 
was the line of 31° 
from the Mississippi 
to the Chattahoo- 
chee ; thence down 
the Chattahoochee 
to the mouth of the 
Flint ; thence direct 
to the head of tlie 
St. Mary^s, and down the St. Mary's to the sea. Thus the 
Spaniards were left in possession only of that part of tlie 
present Alabama lying south of the line of 31° — the region, 
namely, about the bay of Mobile. It was further agreed 




LOCATING THE BOUNUAKY LINE. 



Marking the Boundary, 



89 



that the Spanish garrisons north of the line, and American 
l^osts south of it, should be removed within six months after 
the ratification of the treaty. The boundary was to be marked 
by Spanish and American commissioners before the expiration 
of that time. 

But it was much more than six months before the line was 
run. Andrew Ellicott was appointed one of the American 
commissioners, and it was February, 1797, before he reached 
Natchez to begin the work. There he conducted himself in 
a very disagreeable way, and Don 
Gayoso de Lemos, who was in com- 
mand of the Spanish garrison, de- 
clined to surrender Fort Panmure to 
the Americans. Governor Caronde- 
let, of Louisiana, kept putting the 
matter olf on various pretexts. One 
of his excuses was that the Ameri- 
cans of the west, in alliance with the 
British of Canada, were threatening 
a descent upon Kew Orleans. It is 
pretty clear that about this time 
Carondelet himself was renewing his 
efforts to detach the west from the 

Union. The delay was protracted until the end of March, 
1798, when the Spanish troops left Fort Panmure. 

In a few days the Spanish commissioners joined Ellicott 
and his associates, and the work began. In the Choctaw 
country no opposition was encountered from the Indians, 
but progress Avas slow on account of natural obstacles. It 
was the spring of 1799 before tlie Mobile River was reached. 
When the commissioners got into the Creek country the In- 
dians assumed a tlireatening attitude, and it was suspected 
that tliey were incited to this by the Spaniards, althougli in 
June, 1796, a full delegation of the ^' nation ^' luid made a 
treaty witli commissioners representing the United States 




MANUEL GATOSO DE LEMOS. 



90 



HISTORY OF A LAB A 31 A. 



and had promised to abide by the treaty of New York and 
to help Spain and the United States run their boundary line. 
This work was finished in August, 1799, nearly four years 
after the signing of the Treaty of Madrid. 

Meantime, an important step had been taken by Congress. 
April 7, 1798, the region of which the newly established line 




was the southern boundary was made a separate territory, 
called the Territory of Mississippi, Avith a territorial govern- 
ment independent of Georgia ; but it was expressly stated 
that Georgia's rights in the soil were not to be impaired. 
The northern boundary was the old "Yazoo line'' of 3"-?° 28'; 
the eastern boundary was the Chattahoochee, and the western 
the Mississippi. 



Governor S argent' s administration. oi 



The act of Congress authorized the President to set up a 
government similar to that in the territory north of the Ohio. 
One very important difference, however, was that slavery was 
forbidden in the Northwest Territory, but not in Mississippi 
Territory. Slaves could not be imported iiito the latter from 
foreign countries, but only from 
the States. For the rest, there 
were to be a governor, a secre- 
tary, and three judges, all 
named by the President ; and 
the governor and the judges 
were to make up a code of laws 
from those prevailing in the 
States. President Adams 
named Winthrop Sargent gov- 
ernor, and John Steele secre- 
tary. 

Governor Sargent was a man 
of ability and high character, 
but he was not popular in the 
Territory. His manners, cold 
and stiff, were not agreeable to 

the Natchez planters. The code of laws which he and the 
judges framed caused great dissatisfaction. The only other 
act of his administration which is important to us was the 
division of the Territory into three counties — Adams, Picker- 
ing, and Washington. One of these — Washington — included 
all that part of the Territory now embraced within the limits 
of Alabama, and part of Mississippi also. Washington 
County had one representative in the Territorial legislature, 
and its population, according to the census of 1800, was 
1^227—733 wliites and 404 iiegroes. 

Governor Sargent gave up his office in April, 1800, and 
for a time John Steele, the secretary, discharged its duties. 

To the few white men scattered througli the Alabama part 




UOVEKNUH SAKUEXT. 



92 HISTORY OF ALABAMA. 

of the Territory it probably mattered little who was governor 
at Natchez^ or whether there was any governor at all. Who 
these white men were, and what sort of life they lived in 
the wild conntry they had chosen for their home, are inter- 
esting questions ; but not much is known concerning them. 
As early as 1792 a number of strange characters had found 
their way to this region, most of them traders, and some of 
them related by blood or marriage to the Indians. Immi- 
gration became more rapid when Spain gave up her claim 
to the country. Along the Mobile and Tensaw rivers were 
some plantations, and there were settlements on the Tom- 
bigbee in the neighborhood of Fort St. Stephens. At every 
Indian town of importance one or more white traders could 
be found. Fort St. Stephens was the principal military 
establishment ; but in July, 1799, Fort Stoddart was built 
in the Tensaw country. 

Life was doubtless rough and hard to those early American 
settlers of Alabama. They were without schools, churches, 
or courts of law. No minister of the gospel appeared among 
them until the year 1803. In the absence of ministers and 
magistrates it was impossible to have the ceremony of mar- 
riage properly j^erformed. A runaway couple, wishing to get 
married, went to Captain Shaumburg, at Fort Stoddart. 
The gallant captain pronounced them man and wife ; and 
the neighbors declared they were the best married people 
they had seen in that region for a long time. 

In July, 1801, Thomas Jeiferson, who was now President, 
appointed William Charles Cole Claiborne Governor of Mis- 
sissippi Territory. Claiborne reached Natchez, the capital, 
in November, and the settlers found him a courteous and 
agreeable gentleman. Taking up the work of his office with 
zeal and intelligence, he made a successful and popular 
governor. 

When ho came, the legislature of the Territory was at work 
repealing the laws proclaimed by Sargent and the judges, and 



Troubles over Land Titles. 



93 



making new ones. In December a Territorial delegate to the 
national House of Representatives was chosen, and the next 
year the seat of government was moved to the town of Wash- 
ington, a little east of Natchez, and tlie militia of the Terri- 
tory was organized. Several new counties were formed, and 
the governor appointed jus- 
tices for all of them, includ- 
ing the immense county of 
Washington. The first 
county court in Washington 
was held at Mcintosh Bluff, 
on the Tombigbee. The jus- 
tices came from different 
States, and each tried to ap- 
ply the laws of the State 
from which he came. 

Troublesome questions 
were now arising over titles 
to land. Some settlers held 
by grants from the British, 
some by grants from the 
Spaniards, and others by grants from Georgia. So Congress 
established two commissions to consider the various claims. 
One of the commissions sat at Washington, the other at St. 
Stephens. The claims approved by the commissions were 
ratified by the President. The Territory was now in a fair 
way to prosperity, and Governor Claiborne made favorable 
reports of its condition. 

Georgia still claimed the soil of the Mississippi Territory, 
and in order to put at rest the differences between her and 
the United States, commissions representing both govern- 
ments met at Washington in 1802, and reached an agree- 
ment to the following effect : 

Georgia ceded to the United States all her rights west of 
the line which now separates Georgia and Alabama. The 




^.^.4.-^^'^' 



cry^d.:^ 



94 History of Alabama. 

United States agreed to pay Georgia a million and a quarter 
of dollars out of the proceeds of the sales of these lands, to 
confirm the titles of all persons settled on them, and to 
form the ceded territory into a State as soon as its popula- 
tion reached sixty thousand. Georgia further agreed to turn 
over to the United States all moneys received from the Yazoo 
companies. The State legislature ratified these articles 
June 16, 1802, and from that time Georgia ceased to have 
any rights in the soil of Alabama and Mississippi. In 1804 
Congress added to Mississippi Territory the land ceded 
by Georgia, and also added the twelve-mile strip which had 
formerly been part of South Carolina and which lay between 
the Georgia cession and the State of Tennessee. 

Winthrop Sargent (1753-1820) was of good Massachusetts stock and 
a graduate of Harvard College. During the Revolution he won the rank 
of major. In 1786 he became connected with the Ohio Land Company, 
and Congress made him surveyor of the Northwest Territory. 

Governor Claiborne was born in Virginia in 1773 and died in 1817. 
His later years were spent in Louisiana, where he was as popular as he had 
been in Mississippi, and when the State of Louisiana was formed he was 
chosen to be its governor, and held the office from 1812 to 1816. At the 
time of his death he had just been elected to the United States Senate. 

QUESTIONS. 

Give the date and the provisions of the treaty that settled the boun- 
dary question with Spain. Tell what you know of Andrew Ellicott and 
the running of the line. Describe the Territory of Mississippi, giving 
date of the act creating it. What important difference between it and 
the Northwest Territory ? Tell about Governor Sargent's administration. 
What counties were first established ? What was the population of Wash- 
ington County, and what its legislative apportionment in 1800? What 
was done in regard to Georgia's claims ? Tell what you know of Gov- 
ernor Claiborne and his administration. What action was taken con- 
cerning land claims? Tell what you know of the following : Thomas 
Pinckney; Fort Stoddart ; St. Stephens ; John Steele. 



CHAPTER XI. 

CHANGES IN" THE MISSISSIPPI TERRITORY — MOBILE TAKEN". 

The lands added to Mississippi Territory in 1804 extended 
it northward to Tennessee, and gave to our State its present 
northern boundary. At that time, however, the 31st parallel 
was still the southern boundary, and the Gulf coast, includ- 
ing the city of Mobile, was a part of AVest Florida, and was 
still held by Spain. It is interesting to know how it became 
part of Mississippi Territory. 

In 1800 l^apoleon Bonaparte, who had conquered Spain, 
compelled her to cede to France the province of Louisiana. 
He did not take possession of the province, but left it in the 
hands of Spain until 1803, when he sold it to the United 
States. The treaty by which he transferred Louisiana to the 
United States described it as having '^ihe same extent it 
now has in the hands of Spain, and that it had when France 
possessed it." These were the exact words that Spain used 
to describe Louisiana when she transferred it to France, and 
it will be seen that the description was in itself a contradic- 
tion. The United States, holding to the second half of the 
description, claimed to have bought West Florida as a part 
of Louisiana. Spain, holding to the first half, denied this. 
Spain pointed out the fact that West Florida had not been a 
part of Louisiana for forty years ; that England had organ- 
ized West Florida in 1763, and that it had come to her from 
England by conquest in 1783, and not in connection with 
Louisiana at all. It is clear now that neither France nor 
Spain understood that Louisiana included West Florida. 



96 HISTORY OF ALABAMA. 

The United States did not press their claim at first, and so 
West Florida remained under Spanish control. That part of 
West Florida between the Pearl and Perdido rivers was or- 
ganized by Spain as the District of Mobile. That j^art be- 
tween the Pearl and the Mississippi rivers was called the 
District of Baton Rouge. 

In December following the purchase of Louisiana the 
President sent Governor Claiborne and Gen. James Wilkin- 
son to New Orleans to take possession, and when Congress 
organized the Territory of Orleans, Claiborne was appointed 
its first governor. 

Thus Mississippi was left without a governor, and for more 
than a year the duties of the office were discharged by Cato 
West, secretary of the Territory. Early in 1805 Robert 
Williams, of North Carolina, the newly appointed governor, 
arrived at Washington, then the capital of Mississippi. 

Bad feeling between the Spaniards and the Americans 
near the boundary line soon led to collisions. Three brothers 
named Kemper were especially active as champions of the 
American interest ; and at one time the situation was quite 
serious. But the approach of a common danger caused the 
officials of Spain and the United States to draw together for 
mutual protection. 

The danger that threatened the western interests of the 
two countries was embodied in one man — Aaron Burr. 
This man, who while vice-president of the United States 
had killed Alexander Hamilton in a duel and fled from jus- 
tice, was in the western country. Ruined in his j^olitical 
career, which had once been so promising, he had gone to 
the confines of the republic to restore his fallen fortunes. 
He had purchased, under a Spanish grant, extensive lands 
lying near the Sabine River, and the apparent object of his 
journey Avas to colonize these lands. As to his real object, 
wild rumors were afloat. It was suspected that he meant to 
establish a new republic in the west, despoiling both Spain 



Capture of Burr. 



97 



and the United States of their possessions. That he had 
designs on West Florida does not seem improbable. 

Late in the year 180G he was arrested in Kentucky, but 
was discharged for want of evidence. He then "descended 
the Mississip^ii with some sixty men, and he was again arrested 
near Natchez, taken to Washington, and put under heavy 
bonds to await the action of the Territorial court. Again he 




SCENE OF burr's CAPTURE. 



disappeared, and the country was flooded with proclamations 
offering a reward for his arrest. This was accomplished 
near Fort Stoddart, in Wasliington County, chiefly through 
the activity of Nicholas Perkins, a young lawyer, and Captain 
Edward P. Gaines, commandant at the fort. With a watch- 
ful guard the fallen intriguer was sent up the Alabama, 
through the wilds of the Indian country, to South Carolina 
and thence to Pichmond. He was tried for treason and then 
for misdemeanor, but was acquitted on both charges, and his 
7 



98 HISTORY OF ALABAMA. 

career in the west has ever since remained a somewhat puz- 
zling episode of our history. 

Two important cessions of Indian lands were made in 1805. 
In that year the United States purchased from the Chickasaws 
a surrender of all claims to a triangular region north of the 
Tennessee Eiver, twenty-five miles across at the Tennessee 
line and some three miles wide on the river itself. A few 
months later the Cherokees gave up all their rights in this 
plot of land, and thus the government acquired a clear title. 
The same year the Choctaws ceded some five millions of acres 
lying chiefiy in what is now western Mississippi, but extend- 
ing east to a line about midway between the Alabama and 
Tombigbee rivers, and so including part of southwestern Ala- 
bama. These purchases were the beginning of a series of 
treaties with the Indians having as their object the acquisi- 
tion by the United States of all the lands in the Territory. 

The opening of the Tennessee Valley to immigrants at once 
attracted a number of settlers from Tennessee, Georgia, the 
Carolinas, and Virginia. About the time the treaty with the 
Chickasaws was made, John Hunt, a Tennesseean, was build- 
ing a cabin near a great spring, and his name was given to 
the first town in north Alabama — Huntsville. Within a year 
or two the settlement had begun to rival St. Stephens in 
importance, and among the settlers in the neighborhood 
were several families whose names became prominent in later 
history. In December, 1808, Governor Williams established 
the county of Madison, with Huntsville as the county seat. 

The Tensaw and Tombigbee settlements were also grow- 
ing. St. Stephens was laid oif into town lots and a road was 
cut through the old Choctaw country to Natchez. At St. 
Stephens was a government factory or trading house, with 
George S. Gaines, as chief factor, at its head. The parson- 
age of the old Spanish church was used as a skin house, and 
the old blockhouse as a store. Considerable trade was thus 
established with the Choctaws and other Indians, as well as 



CONDITION OF THE SETTLERS. 99 

with American settlers, who brought to this place all kinds 
of skins and peltries, tobacco, bear's oil, honey, bacon, and 
ground-nuts. In the Tensaw country Fort Stoddart had 
become an important post, and there were settlements and 
farms along the Mobile and in the fork of the Alabama and 
Tombigbee. Cotton was becoming the principal crop. 

The settlers were much hampered, however, by the natural 
and artificial restrictions on their trade. To the north and 
east of them was the Indian country, traversed only by trails 
and bridle paths. Benjamin Hawkins, the efficient superin- 
tendent, managed to keep the Creeks reasonably friendly; 
but the journey through the '^nation" from Georgia to the 
Alabama Kiver was a slow and difficult one. In 1805 the 
Indians gave their consent to the running of a horse path 
from the Chattahoochee to the Alabama. To reach the Ten- 
nessee settlements was an equally arduous undertaking. A 
better natural route to the outside world was the water route 
down the Mobile and through the Gulf ; but export duties 
were collected at Fort Stoddart, and a heavy tariff by the 
Spaniards at Mobile. 

Nevertheless, the Tombigbee settlers were steadily increas- 
ing in numbers. In 1809 Baldwin County was established 
to the west of the Mobile and the Alabama, with Mcintosh 
Bluff as the county seat. In 1810 the population of the 
three counties, Madison, Washington, and Baldwin, was 
reckoned at 9,046, of whom 2,624 were negroes. Madison 
contributed more than half of the whole number, so that the 
northern settlements were already stronger than the south- 
ern. Between the two lay the great agricultural and mineral 
belts which have since become the industrial centre of the 
State, but which were then inhabited only by a few thousand 
Indians, among whom were scattered some white traders and 
half-breeds. 

Congress had conferred a real benefit on the Tombigbee 
settlers when, in 1804, it authorized the President to appoint 



100 History of Alabama. 

a superior court judge for their district. The Hon. Harry 
Toulmin, of Kentucky, was appointed, and he fitly headed 
the list of distinguished judges who have won for the judi- 
ciary of Alabama an eminence greater, perhaps, than that 
attained by its representatives in any other profession. 

Besides the establishment of the two new counties, the 
Territorial government played no very important part in the 
lives of the pioneers, Avho were quietly laying the foundation 
of an American civilization in the future State. Governor 
Williams remained in office until the beginning of 1809. 

March 4, 1809, James Madison became President, and one 
of his first acts was to make David Holmes, of Virginia, 
Governor of Mississippi Territory, in place of Williams. 
Holmes was a man of experience in public 
life, having sat in Congress for a dozen 
years. His administration in the Territory 
was full of exciting events. 

He found the people of the Territory 
in three groups — the settlements around 
Xatchez, those on the Tombigbee and 
Mobile, and those in the Tennessee A^ alley. 
Between the three were rivers, forests, and 
GOV. DAVID HOLMES. ludiaus. Thc Creek Confederacy on the 
east and the Spaniards on the south were 
unpleasant neighbors. But it was not long before the Span- 
ish question came to an issue. 

In the District of Baton Rouge were planters of English. 
and American birth, who had grown tired of Spanish rule, 
and were plotting a revolution. In August, 1810, a party of 
them marched to the town of Baton Rouge and captured it. 
The revolutionists met, and organized the State of West 
Florida. They adopted a constitution, elected a governor, 
and applied for admission to the Union as a State. Presi- 
dent Madison refused to recognize them ; but, as the lands in 
dispute were claimed to be a part of the Orleans Territory, he 




Mobile district Annexed. loi 

ordered Governor Claiborne of that Territory to take posses- 
sion in the nanio of the United States. Governor Claiborne 
promj^tly took possession, but did not secure Mobile. The 
revolutionists had also planned to seize Mobile, and lieuben 
Kemper was sent to the Tombigbee country to raise a force 
for that purpose. A party of adventurous spirits did indeed 
go down the bay to the neighborhood of Mobile ; but there 
they encountered a boatload of provisions and whiskey, which 
the convention at Baton Rouge had unwisely sent to meet 
them. This proved their ruin ; for a number of them, while 
engaged in a drunken frolic, were surprised and routed by 
some Spaniards, and the expedition failed. Several of the 
Americans were ca^otured, taken to Havana, and languished 
for years in Morro Castle. Thus Mobile remained for the 
time in the hands of Spain. 

Congress approved President Madison's course ; and in 
1812, when Orleans Territory became the State of Louisi- 
ana, it included the Baton Rouge District of the old Span- 
ish province of West Florida, lying between the Pearl River 
and the Mississippi. May 14, 1812, Congress annexed the 
Mobile District of West Florida, lying between the Pearl and 
the Perdido rivers, to the Mississippi Territory, thus bring- 
ing its boundary down to the Gulf. December 18, 1812, the 
legislature of Mississippi Territory created Mobile County, 
although Mobile itself, and nearly all the territory included 
in the county, were still in the possession of Spain. 

The war between the United States and Great Britain in 
1812 made it advisable for the United States to occupy Mo- 
bile. General James Wilkinson sailed from New Orleans in 
April, 1813; with about GOO men, landed near the city, and 
demanded that>it be surrendered to him as a part of Missis- 
sippi Territory. The Spanish commandant. Captain Perez, 
refused to admit that it was a part of Mississippi Territory, 
but agreed to retire with his garrison, leaving the United 
States and Spain to settle the question of ownership. As 



102 HISTORY OF ALABAMA. 

Spain never again obtained possession, Mississippi Territory 
from this time included every portion of the present Ala- 
bama. In 1819 Spain sold East Florida and also her claim 
to West Florida to the United States for 15,000,000. 

But the conquest of Mobile was not the only military con- 
sequence to the southern country that followed the declara- 
tion of war against Great Britain. On the contrary, the 
settlers on the Tombigbee and the Mobile were about to wit- 
ness such a struggle as had not been seen in that region since 
the days of De Soto's fight before Mauvila. The real dan- 
ger lay not in the arms of Spain, nor in the English fleet, but 
in the red warriors of the Coosa and the Chattahoochee. 
The Muscogees were getting ready to make their last stand 
against the white-skinned race that was peopling the lands to 
the east and Avest of them, felling the trees, driving away 
the deer, and putting a girdle of civilization around their 
homes and hunting-grounds. 

Harry Toulmin was born in England in 17G6. He had chosen the 
Unitarian ministry for a career, and persecution drove him to America. 
He was president of Transylvania University in Kentucky, served eight 
years as secretary of state, and compiled the Kentucky code of laws. 
He performed a similar service for the people of Alabama. 

QUESTIONS. 

Describe the change in the limits of Mississippi Territory in 1804. 
Name the successive owners of Louisiana. What became of Governor 
Claiborne, and who succeeded him ? Describe the cession of the Chicka- 
saws and Cherokees in north Alabama, and the Choctaw cession. Tell 
what you know of the first settlement of northern Alabama by the 
whites. What two new counties were formed ? Describe the settlements 
to the southward in 1810 ; what were the conditions of trade and trans- 
portation ? Trace the steps by which West Florida was acquired. Tell 
what you know of the following: James Wilkinson; CatoWest; Nicholas 
Perkins ; John Hunt ; District of Baton Rouge ; Ueuben Kemper. 



CHAPTER XIL 

THE CREEKS OK THE WAR-PATH. 

The cause of tlie discontent of the Creeks was the en- 
croachments of the whites^ particularly the whites of the 
Tombigbee and Tensaw settlements. In December, 1812, 
the county of Clarke was established, including the lands 
extending eastward from the Tombigbee River to the water- 
shed between the Tombigbee and Alabama. In the fork of 
the two rivers a considerable number of white men had 
already made their homes. These lands were claimed as 
hunting-grounds by the Alabamas. In 1811 the horse path 
from the Chattahoochee to Mims's Ferry on the Alabama 
was converted into a '^'^ Federal road ^' by Captain Luckett 
and a i:>arty of soldiers, and this road was soon a thorough- 
fare for emigrants passing from east to west. The more 
intelligent of the Creeks began to see that in a few years they 
would be crowded out of the country by the new-comers. 

As usually some one is found to give voice to a popular 
discontent, so, not only among the Creeks, but among all 
the red men from the great lakes to the Gulf, the feeling 
of hostility to the encroaching Avhites found a spokesman in 
the famous Shawnee warrior, Tecumseh. The home of this 
remarkable Indian was above the Ohio ; but his parents had 
once lived in the Shawnee settlement on the Tallapoosa. In 
1787, Avhen not yet of age, he had visited the Cherokees and 
Creeks; and in the year 1811 he again came among the 
tribes of the Mississippi Territory. lie came as the open 
advocate of a union of all the red men against tlie whites. 

But the Chickasaws would not " take liis Avar talk." And 



lOi History of Alabama. 

among the Choctaws Pushmataha, an eloquent orator and a 
true friend of the whites, spoke for peace, and the Choctaws 
followed his counsel. The indefatigable Shawnee passed on 
to the eastward, first, it is said, visiting the Seminoles, and 
then the Creeks. He was a natural orator of great power, 
and he made a deep impression on the tribes of the Confed- 
eracy, always restless and warlike. 

It was a year of earthquakes, and for some time a comet 
blazed every night in the heavens. Tecumseh made shrewd 
use of these as portents with his superstitious hearers. The 
Big Warrior, a powerful chief, opposed him, but before he 
left he had made the ^' war dance of the lakes ^' popular, and 
a ^"^ prophet '^ who accompanied him had set some of the 
Creeks to prophesying also. 

So a war party, called the Red Sticks, was formed. But 
there was a peace party, too, with the Big Warrior at its 
head ; and for a time Hawkins, the government agent, 
hoped that the trouble would end, as in fact it began, with a 
civil war among the Creeks themselves. Peter McQueen, a 
half-breed of Auttose, High-Head Jim, and David Francis, 
a '^^ prophet,^' were leaders of the hostiles ; and later they 
were joined by William Weatherford, the '^*^Red Eagle, '^ whose 
father was Charles Weatherford, a Georgian, ■ and whose 
mother was Sehoy, a half-sister of Alexander McGillivray. 

For a time the Indians, fighting frequently among them- 
selves, did not make any organized attack on the whites ; 
but now and then a single white man was slain, and rumors 
of the coming storm were heard throughout the Territory. 

In June, 1812, the United States declared war against 
Great Britain ; and from that time the Ped Sticks could 
count on the help of the British. It was made known to 
them that they could obtain ammunition at Pensacola, and 
the next summer a party of several hundred went thither 
for that purpose. Colonel Joseph Carson, commanding at 
Fort Stoddart, sent spies to Pensacola to discover the object 



Battle of burnt Corn. 105 

of the expedition. They learned that the Indians gave the 
Spanish governor a letter from a British general in Canada, 
and that the governor, after some hesitation, gave them 
three hundred pounds of poAvder, and lead in proportion. 

The people of the Tombigbee and Tensaw settlements were 
mucli alarmed, and Colonel James Caller, the senior militia 
officer of the frontier, called out the militia at once. The 
force enrolled under him consisted at first of three small 
companies, but with these he crossed the Tombigbee on July 
25 and marched eastward. In Clarke County he was joined 
by another company commanded by a stalwart captain named 
Samuel Dale, armed with a double-barrelled shotgun — a rare 
weapon in those days. Soon another company Avas added, 
and in the end the force numbered about one hundred and 
eighty men. 

Near the site of the present village of Belleville, in Cone- 
cuh County, the frontiersmen struck the road from Pensa- 
cola. Down this they marched until they reached Burnt 
Corn Creek. Here, on July 27, they discovered the hostiles, 
on their return from Pensacola, encamped between a creek 
and a range of hills. Moving cautiously to the rear of the 
hill. Caller and his followers dismounted, crept to the top, 
and then charged. The Indians, surprised, sprang to their 
arms and fired, but soon gave way and retreated to the creek. 
Some of Caller's men pursued ; but others were too intent 
on seizing the pack-horses of the enemy. The Creeks rallied, 
charged in their turn, and drove the Avhites away. The fight 
lasted more than an hour. Dale and fourteen others were 
wounded ; two were killed. The Creek loss was not positively 
known, but it was probably lieavier than the loss of tlie 
whites. Thus the Avar began Avith a defeat for the settlers. 
The Indians Avent back to Pensacola for more ammunition, 
and Caller's men dispersed to their homes. 

The settlers Avere noAV alive to their danger, and began to 
make ready for defence. A score or more of stockades Avere 



106 



History of alaba3ia. 



built, and were called forts. A chain of these rude fortifi- 
cations offered a refuge to the people of the newly formed 
county of Clarke, and they were filled with men, women, and 
children. Fort Stoddart was a post of considerable strength. 




i-'oKT JIIMS. 



Fort Mims, built in tlie summer of 1813, was situated near 
Lake Tensaw, to the east of the Alabama, and about two 
miles below the cut-off which connects the Alabama and 
the Tombigbee. It took its name from Samuel Mims, an 
early settler in that region, whose house it enclosed. Here, 
protected by pickets and fence rails, in a space of about an 



AT FORT MIMS. 107 

acre, several hundred people were gathered. Among them 
were a number of wealthy half-breeds from Little River. 

At the end of July, General Ferdinand Leigh Claiborne 
arrived at Mt. Vernon, near the Mobile River, with seven 
hundred troops from the western part of the Territory. Clai- 
borne, who was a brother of Governor William C. C. Clai- 
borne, had seen service under Anthony AVayne in the north- 
west, and for a time had been attached to the regular army ; 
since 1805, however, he had lived at Natchez and taken a 
prominent part in the affairs of Mississippi Territory. Gen- 
eral Flournoy, Avho had succeeded Wilkinson in the com- 
mand of all forces in the southwest, had sent him to the 
Tensaw region with a view chiefly to the defence of Mobile. 

Claiborne^s first step was to distribute his troops so as tO' 
protect the people of the immediate neighborhood. Colonel 
Carson, with two hundred men, was sent to Fort Glass, in 
Clarke County, and began the construction of Fort Madison. 
A company was sent to St. Stephens. Major Daniel Beas- 
le}'' went to Fort Minis with one hundred and seventy-five 
volunteers. The militia already on duty there numbered 
seventy, and these chose Dixon Bailey, a brave half-breed 
who had fought at Burnt Corn, to be their captain. The 
occupants of Fort Minis — men, women, and children — now 
amounted altogether to five hundred and fifty-three souls. 
A number of them were negro slaves. 

Major Beasley was a man of courage, but a poor soldier. 
Despising the enemy, he neglected preparations for defence. 
The blockhouse was never finished, and the tAvo gates, one 
at the east and one at the west, were left open and unguarded. 
An addition to the fort on the east was begun, but never 
finished. Warnings of the approach of the enemy went 
unheeded. Two negroes who reported that they had seen a 
number of savages in war paint were flogged for their pains. 

During the morning of August 30 Beasley wrote to Clai- 
borne that he could maintain the fort against any number of 



108 HISTORY OF ALABAMA. 

the enemy. A few hours later he himself lay dead behind the 
eastern gate, and a scene of horror, the details of which 
are too revolting to describe, was the result of his incom- 
petency. 

Tlio hostile Creeks, again supplied with ammunition and 
largely reenforced, had turned to the westward. David 
Francis, Peter McQueen, and AVeatherford were their lead- 
ers. They chose Fort Minis as the lirst point to attack, and 
at noon of the day Beasley wrote his contident letter a 
thousand warriors lay concealed in a thick ravine four hun- 
dred yards from the open eastern gate. 

The sound of the drums beating the soldiers of the fort to 
dinner was the signal for the charge of the enemy. Beasley 
tried to close the gate, but was stricken down, and the furi- 
ous band broke into the fort, the prophets in the lead. The 
Americans sprang to arms, and the fall of several i)ropliets 
daunted the assailants for a moment, for they believed the 
bullets would split upon the bodies of their inspired leaders. 
But the rage of conflict made up for the disappointment of 
their superstitious hopes. 

The Americans offered a stout resistance, and it was some 
hours before the end came. Captain Bailey, in particular, 
distinguished himself by heroism and intelligence. But the 
strength of the enemy was overwhelming, and step by step 
the whites were driven back into the unfinished bastion. The 
slaughter was dreadful ; and flames soon added horror to the 
scene that the hot August sun shone down upon. At length 
Baik\v cried out that all was lost, telling the survivors to save 
themselves if they could. 

A few half-breeds were made jn-isoners, some of the ne- 
groes were kept to be held as slaves by the victors, and about 
thirty-six persons are known to have escaped ; the rest per- 
ished. AVeatherford, it is said, attempted to stop the massa- 
cre, but the Indians would not obey him, and he departed be- 
fore the fight was over. The fort was burned to the grouiul, 



Fort Madison Abandoned. 109 

and when the savages quit tlie place they left hehind them 
only ashes and tlie Ijodies of the dead. 

Tlie news of the massacre spread rapidly over the 'i'erritory, 
and caused a panic in the Natchez settlements ; the entire 
country was thrilled with liorror. The authorities at Wash- 
ington saw that the British liad acquired a terrible ally in the 
south. The Spanish governor and the British emissaries at 
Pensacola were delighted with the result of their intrigues. 

The citizens of Clarke County, in the fork of the Tombig- 
bee and the Alabama, were now chiefly exposed to the dep- 
redations of the Red Sticks. Francis, the ^^ prophet," with a 
hundred warriors, was at work in that region, and no white 
man was safe outside the stockades. Pent up in these nar- 
row enclosures, in September the settlers fell a prey to sick- 
ness ; and frequently those who ventured out to gather the 
crops were attacked and slain by prowling Creeks. Fort 
Sinquefield, one of the upper stockades, was attacked, but 
successfully defended. Claiborne, fearing a strong attack on 
Fort Madison, sent Colonel Carson a discretionary order to 
abandon the fort. This Carson did, and marched away to 
St. Stephens, to the consternation of the people, wlio felt 
themselves abandoned. Eighty citizens enrolled themselves 
for the defence of the place, and put themselves under the 
command of Evan Austill and the wounded Dale. 

At this juncture the Choctaws were watched witli the 
greatest anxiety. It is hardly too much to say that hostility 
from that quarter would have meant the destruction of the 
Alabama settlements, shut in, as they would have been, be- 
tween the two great branches of the Muscogee family. To 
Pushmataha more than to any other man it is due tliat the 
danger was averted. His influence and his eloquence were 
steadily exerted to befriend the whites. George S. Gaines 
induced him to go to Mobile, where he made an ott'er to 
General Flournoy to enlist several companies of Clioctaws 
against the Creeks. Flournoy, for some reason, declined. 



110 HISTORY OF ALABAMA. 

"but later came to his senses and sent a messenger after the 
chief to accept the proposal. 

A council of Choctaws was held. Pushmataha spoke at 
great length, and announced that he himself would join the 
people of St. Stephens. The warriors, slapping their breasts, 
declared they were ready to follow him. Colonel John McKee, 
agent for the Chickasaws, also succeeded in keeping those 
warlike Indians from joining the Red Sticks. He even raised 
a considerable force among them and marched against a Creek 
settlement at Tuscaloosa Falls, but found it deserted. Some 
of the Chickasaws then went to St. Stej)hens and joined Gen- 
eral Claiborne^s troops. 

But a stronger helper than any of these was coming from 
the northward. The news of the fall of Fort Mims had 
hardly reached Nashville when the Tennesseeans were ready 
to take the field. At their head came Andrew Jackson, who 
was now about to win the proudest laurels of a great career. 
In October, with a strong force, he crossed the Tennessee 
and began his campaign against the Creeks. 

Tecumseh (or Tecumthe) is perhaps the most remarkable character in 
the history of the North American Indians, He was distinguished both 
iis orator and as warrior. After leaving Mississippi Territory ho, led 
the hostiles in the north, and it was probably due to his work that the 
British succeeded in defending Canada against the Americans, He was 
■defeated and slain at the battle of the Thames (Canada), October 5, 1813. 

QUESTIONS. 

Why were the Creeks discontent ? Tell about Tecumseh and his 
visit to the south. Relate the history of Colonel Caller's expedition. 
What measures of defence did the settlers take ? Locate and describe 
Fort Mims. What measures did General Claiborne take ? Describe the 
attack on Fort Mims. What was occurring in Clarke County ? What 
was the attitude of the Choctaws ? Of the Chickasaws ? What was the 
effect of the fall of Fort Mims on the Tennesseeans ? Tell what you 
know of the following: High-Head Jim ; Big Warrior; Dixon Bailey; 
Major Beasley ; Pushmataha; Fort Madison ; Auttose ; the cut-off ; 
Tuscaloosa Falls. 



CHAPTER XIII. 

THE CREEK WAR. 

Jackson came at the head of the volunteers from middle 
and west Tennessee. But his was only one of four armies 
which in the autumn of 1813 moved against the Creeks. 
One, as we have seen, came from the west, and was com- 
manded b}'^ General Claiborne. Another came from east 
Tennessee, and was commanded by Major-General John 
Cocke. The fourth came from Georgia, and was com- 
manded by Brigadier-General John Floyd. Let us first fol- 
low the men from west Tennessee. 

After crossing the Tennessee, Jackson was joined by Colo- 
nel John Coffee, who had preceded him. Coffee was now 
sent to an Indian town on the Black Warrior River, which 
he found deserted. He burned it, and rejoined the main army 
at Thompson's Creek. Jackson established a depot at Fort 
Deposit, and moved over the mountains towards the Coosa. 

The first important engagement was at Tallasahatchee, not 
far from the present Jacksonville. On November 3 a body 
of hostiles who had assembled at this point were attacked 
by Coffee (now promoted to be brigadier-general), with some 
five hundred whites and a party of friendly Creeks and Cher- 
okees. The action was brief, but bloody. The Red Sticks 
were simply destroyed ; the bodies of one hundred and eighty 
were counted on the field. Coffee's loss was five killed and 
eighteen wounded. 

Jackson built another depot of supplies on the Coosa, and 
called it Fort Strother. His next move was to march to the 
relief of some friendly Creeks wlio were besieged in a town 



112 



HISTORY OF ALABAMA. 



called Talladega (Talatigi), situated about where the city 
of Talladega now stands. One of the besieged had crept 
through the camp of the hostiles disguised in the skin of a 
hog and fled to the Tennesseeans for help. Jackson and his 

men reached the neigh- 
borhood of the town the 
evening of November 8, 
and made the attack early 
next morning. The hos- 
tiles, numbering ^^erhaps 
a thousand, fought brave- 
ly, but their loss was very 
heavy, and in the end they 
were driven away, and the 
friendly Indians saved. 
Jackson^s loss in killed and 
wounded was about one 
hundred. After burying 
his dead he marched back 
to Fort Strother. Here he 
found that the supplies he 
had expected for his troops 
had not come. This mis- 
management, and the fact 
that many of his men had 
enlisted for only a short 
term of service, kept him 
inactive for two months. 

Meantime, the other 
three armies were not idle. 
General White, with a force of General Cockers east Ten- 
nesseeans, reached Turkeytown, not far east of Fort Strother, 
early in November. Jackson ordered him to march to Fort 
Strother to protect that place, while he himself went on the 
expedition to Talladega. This order General White started 




From Lossing's Field Book. 



Battle of Auttose. 113 

to obey, but at the command of General Cocke he returned 
to Turkey town. A few days Liter, on November 18, he sur- 
rounded the Hillabee town, whose people were already nego- 
tiating for peace with General Jackson, killed sixty of their 
warriors, and took two hundred and fifty prisoners. The 
remaining Hillabee Indians believed that this was treachery 
on the part of Jackson, so they joined the hostiles and 
became relentless foes of the whites. After this mistake 
General Cocke gave up the hope of winning victory by him- 
self, and reported at Fort Strother with some fourteen hun- 
dred men. Jackson sent him back to east Tennessee with 
those of his troops whose terms had expired, ordering him 
to raise more men and lead them into the Creek countrv. 

By this time General Floyd and the Georgia troops had 
crossed the Chattahoochee and were advancing towards the 
Tallapoosa, guided by Abram Mordecai, a Jew who had lived 
many years among the Indians. On the morning of Novem- 
ber 29 they attacked a large force of the hostiles who were 
assembled in the town of Auttose, on the east bank of the 
Tallapoosa, not many miles above its junction with the Coosa. 
It was intended that the friendly Indians should cross to the 
western side of the river and prevent the enemy from escap- 
ing ; but this they failed to do. The Cowetas, under Mcin- 
tosh, their half-breed chief, and the Tukabatchis, under a 
chief named Mad Dog, fought bravely on the side of the 
whites. The hostiles made a good resistance, losing probably 
two hundred warriors, but were driven from the town. Floyd 
did not pursue them, but withdrew to Fort Mitchell, where 
he was kept for some weeks awaiting supplies. 

We now turn to General Claiborne in the southwest. 
During the months of October and November there were sev- 
eral meetings between small parties of whites and Indians in 
this quarter. On October 4 Colonel William McGrew, with 
twenty-five mounted militia, met a party of hostiles at Barshi 
-Creek. An engagement took place in whicli his force was 
8 



114 



HISTORY OF ALABA3IA. 



beaten and himself slain. Finally, General Flournoy gave his 
consent to an active offensive campaign, and Claiborne ac- 
cordingly crossed the Tombigbee and scoured the country 
along the northern border of the settlements in Clarke 
County. He occasionally met small bodies of Indians, but 
he was unable to bring about a decisive battle. 

The enemy were roving through this region and along the 
lower Alabama, making it impossible for the settlers to gather 







Fl'Oin Claiborne's Life of Sum Dale. 

SAM DALE IN THE CANOE. 



their crops. Samuel Dale, now recovered of his wound, set 
out with about seventy men to drive the marauders from 
the frontiers. From Fort Madison he marched southeast- 
ward to the Alabama, crossed the river, and moved up its 
eastern bank to a point opposite the farm of Dixon Bailey, 
the brave half-breed who fell at Fort Mims. Here signs of 
Indians were discovered. At Randon^s plantation, a few 
miles farther up, Dale sent most of his men over to the west- 
ern bank in two canoes, which had been obtained from a 
negro named Caesar. Dale himself and eleven of his party 



The Canoe Fight. 115 

were still on the eastern bank, when those on the other side 
gave warning that the enemy was descending. Soon a large 
canoe appeared floating down the stream, and in it eleven 
stalwart warriors. What followed is perhaps the most remark- 
able incident in the entire history of Indian warfare. 

Two of the Indians left the canoe and started to swim 
ashore ; one was killed and the other escaped. The nine re- 
maining lay flat in the bottom of the boat, and thus escaped 
the rifle balls of Dale and his men. The smaller of Caesar's 
two canoes had been brought back to the east bank, but the 
larger was still on the west bank. At Dale's command, which 
he shouted across the river, eight men sprang into it and 
paddled out, but they retreated to the bank on finding that 
the Indians were alive. Enraged at this, Dale leaped into 
the smaller canoe, which could hold but four men. James 
Smith and Jeremiah Austill, two athletic young men, fol- 
lowed. Cffisar handled the oar, and soon brought them close 
to the Indian boat. A chief, recognizing Dale, cried out, 
'' Now for it, big Sam," and the battle began — a conflict of 
three against nine. They fought with clubbed guns, for the 
Americans had wet their priming. The nine were killed and 
their bodies were tossed into the waters of the Alabama ; 
the three escaped almost unhurt. 

This astonishing exploit was Avitnessed from both banks by 
members of Dale's force. Soon afterwards the whole party 
returned to Fort Madison. 

About the middle of November General Claiborne marched 
to Weatherford's Bluff on the Alabama, a few miles above 
the scene of the canoe fight, to build a depot of supplies for 
General Jackson. By the end of the month a stockade 
was completed ; it was called Fort Claiborne. At this point 
the volunteers and militia were joined by Colonel Russell 
with the Third Regiment of United States troops, and Clai- 
borne set forth on an expedition against a place called Echo- 
nachaca (Ikana Chaca), the '^Holy Ground," situated on a 



' 116 



HISTORY OF ALABAMA. 



bluff oh the Alabama- just below PowelFs Ferry, in the pres- 
ent county of Lowndes. The force now numbered nearly a 
thousand, and there were about one hundred and fifty 
Choctaws under Pushmataha. On the way another depot 
was built at Fort Deposit. 

The attack was made on December 23. The Indians had 
been told by their prophets that the earth would swallow 

every white man who dared to 
approach the Holy Ground, and 
doubtless they were discouraged 
when they found that the proph- 
ecy was not fulfilled. JSTeverthe- 
less, under Weatherf ord's leader- 
ship they made a brave fight, as 
usual. In the end, however, 
they fled, leaving thirty dead, of 
^ whom several were neo:ro slaves. 
Weatherford owed his escape to 
his horse, which leaped over a 
blufl into the river and bore its 
rider safely to the western 'bank. The town was burned. 

The terms of most of the volunteers had now expired, and 
they were mustered out of Service. They had suffered much 
from cold and hunger, and their pay was still due. Colonel 
Russell, left in sole command at Fort Claiborne, made an 
expedition up the Cahaba River to a place called Cahaba 
Old Towns, but he accomplished nothing thereby. He 
returned to Fort Claiborne, and from this time the war 
was left mainly to the Tennesseeans and Georgians. 

For a while it almost seemed that Jackson was going to 
fail. What with famine, the reduction of his force by the 
expiration of the terms of service of his volunteers, and 
mutiny among those who remained, his indomitable will was 
tried to the uttermost. At one time he had but a hundred 
men at Fort Strother. 




PUSHMATAHA. 



Attack at Callabee Creek. ii7 

At last, however, two new regiments, numbering togeflier 
eight hundred and fifty men, enlisted for sixty days, ai*rived 
from Tennessee. With tliese and some friendly Creeks and 
Cherokees, Jackson once more marched towards the Talla- 
poosa about the middle of January. On January 22, 1814, 
while encamped near the village of Emuckfau, in the present 
Tallapoosa County, he was attacked at early dawn by a strong 
force of Red Sticks. The battle lasted several hours, and it 
was only with the greatest difficulty that the enemy was 
driven off. 

The next day the army started back to Fort Strother, and 
the second day it was again attacked while crossing a creek 
near the village of Enitachopco, and was in imminent danger 
of being routed. The valor of a few men in the rear guard 
saved the day, but the Creeks boasted that they had whipped 
'' Captain Jackson.^' Returning to Fort Strother, the com- 
mander dismissed the sixty-days men, and again was com- 
pelled to Avait for reenf orcements and supjilies. It can hardly 
be said that the expedition accomplished anything of value 
against the Creeks. True, there had been counted on the 
two battle-fields one hundred and eighty -nine bodies of slain 
warriors, as against a loss to the wliites of twenty killed and 
seventy wounded. But the power of the hostiles was not 
yet broken. 

Nor was the second attempt of Floyd and his Georgians 
much more successful. With about twelve hundred troops, 
not counting a company of cavalry and some four hundred 
friendly Indians, General Floyd had taken the field in Janu- 
ary, making Tukabatchi his objective point. Encamping 
near the Callabee Creek, he was attacked early on the morniug 
of January 27, and suffered a loss of seventeen killed and 
one hundred and thirty-two wounded before the Red Sticks 
were driven off. His army retreated back to the Chatta- 
hoocliee, there to await reenforcements. 

The Creeks were certainly making a brave stand, and no 



118 HISTORY OF ALABAMA. 

one can help admiring tlieir desperate valor. If, however, 
they had any hope of final triumph, they little knew the 
character of the iron Tennesseean who had resolved to break 
their Confederacy in pieces. 

John Coffee (1772-1833) was General Jackson's companion through- 
out the Creek War and at the battle of New Orleans. He was a Virgin- 
ian by birth, but moved to Tennessee in 1798. After the battle of New 
Orleans he was promoted to the rank of major-general. In 1817 he was 
made surveyor-general of Alabama, and moved to Hunts ville. Two 
years later he settled in Lauderdale County, where the remainder of 
his life was passed. He was buried in his family cemetery, three miles 
north of Florence. 

Pushmataha, the Choctaw, ranks very close to Tecumseh as an ora- 
tor and warrior ; but, unlike Tecumseh, he was always a firm friend of 
the whites. When but twenty years of age he distinguished himself in 
a contest with the Osages. In 1824 he visited Washington, and died 
there in December of that year. He was buried in the Congressional 
cemetery. John Randolph eulogized him in Congress. General Jack- 
son pronounced him the bravest Indian he ever saw. 

The canoe fight is only one of many stirring adventures which entitle 
Samuel Dale to a place by the side of Boone and Kenton in the list of 
heroic pioneers. Dale was born in 1772 on the frontier of Virginia, and 
his whole life was passed close to the homes of Indians. In early man- 
hood he was employed as a scout on the frontier of Georgia, and for 
years he was a trader among the Creeks. He was present at Tukabatchi 
when Tecumseh spoke there, and warned Benjamin Hawkins, the superin- 
tendent, of the coming trouble. He fought bravely at Burnt Corn and 
otlier engagements, and later in the war saw service with Jackson and 
was present at the battle of New Orleans. After the war he served in 
the Alabama legislature, and was made a brevet brigadier-general. 
Dale County was named in his honor. Late in life he moved to Mis- 
sissippi, and died in 1841 at his residence, Daleville, Lauderdale County. 
In person he was tall and muscular, and bore a striking resemblance to 
the red men among whom he lived. The Indians admired and loved 
liim in peace as they dreaded him in war. 

Jeremiah Austill was born in 1794. He was but nineteen at the time 
of the canoe fight. For many years he was a respected citizen of 
Mobile. 



Notes and Questions. ii9 

James Smith was a Georgian by birth, and spent the latter part of 
his life in Mississippi. 

Benjamin Hawkins (1754-1816) was born in North Carolina. At the 
outbreak of the Revolutionary War he left Princeton College, where he 
was then a student, and served as an interpreter for Washington and 
his French officers. After the war he represented his native State in 
Congress, and was for a time a member of the United States Senate. 
Chosen by W^ashington to be superintendent of Indian affairs, he took 
up his residence among the Creeks and devoted his energies to their im- 
provement. He taught them to build mills, to make wagons and imple- 
ments of agriculture. By living among them he deprived himself of 
comforts and luxuries which he might have had elsewhere if he had 
chosen, for he was a wealthy man. As a rule, the Indians loved and 
trusted him. He helped to arrange the treaty of Fort Jackson. 

QUESTIONS. 

Tell of the four armies which moved against the Creeks in the autumn 
of 1813 ; give names of the leaders. Describe the battle of Tallasa- 
hatchee. Tell what you know of the fight at Talladega. What was the 
condition of Jackson's army at Fort Strother ? What did the east 
Tennesseeans do ? Describe the battle of Auttose. Tell the story of 
Dale's expedition and the canoe fight. Tell of General Claiborne's expe- 
dition to the Holy Ground. What became of Claiborne's army ? Describe 
the battles of Emuckfau and Enitachopco. Tell what you know of 
General Floyd's second expedition. Tell what you know of the follow- 
ing, pointing out places on the map : Fort Strother ; Turkeytown ; the 
Hillabee massacre : Abram Mordecai ; Mad Dog ; William McGrew ; 
Caesar ; Jeremiah Austill ; James Smith ; Weatherford's leap ; Fort 
Claiborne ; Pushmataha ; Cahaba Old Towns ; Callabee Creek. 



CHAPTER XIV. 

THE CREEKS CONQUERED — ALABAMA A TERRITORY. 

Ijst February General Jackson learned that the great body 
of the Red Sticks were gathered in a peninsula formed by a 
bend of the Tallapoosa River, not far from Emuckfau. So in 
March^ having received from Tennessee several regiments of 
fresh troops, he determined to strike a blow at this place. 
Leaving a sufficient garrison at Fort Strother, he sent the 
supplies down the Coosa to the mouth of Cedar Creek, where 
a fort was begun and named Fort Williams. Then, with 
about two thousand men, he made his way across the ridge 
between the Coosa and the Tallapoosa to the neighborhood 
of the enemy^s position. 

The peninsula on which the Creeks were entrenched is 
called by the whites the Horseshoe. The Indians themselves 
called the place Tohopeka (To-hop-ka). Here were about a 
thousand warriors, the flower of the remaining Red Sticks. 
Across the entrance to the peninsula they had thrown up 
a breastwork of logs. Around and behind them was the 
river. 

General Coffee was sent across the Tallapoosa with a strong 
force to cut off the enemy's retreat, and at ten o'clock 
on the morning of March 27 Jackson moved against the 
breastworks. While his men were storming these, Coffee 
with the friendly Chickasaws crossed from the other side, 
reached the end of the peninsula, and burned the village. 
The Creeks, caught l)etween two fires, fought bravely to the 
end. Jackson offered them mercy if they would surrender, 
but they answered with shots and yells. A few escaped by 



Power of the Creeks Broken. 



121. 



swimming the river, but five hundred and fifty-seven were 
found dead on the field. Jackson had lost thirty-two killed 
and ninety-nine wounded, not counting the loss among the 
friendly Indians. But he had forever broken the power of 
the Creeks. After the ])attle of the Horseshoe no strong 
force was ever brought against the whites, though small 
parties were still in arms. 

Jackson now marched southward to tlie Hickory Ground, 



/y- — -&'y-s^.^.'ii^""n— /.^.y 




cvMn k\v«w 



the enemy scattering and flying before him. Many came in 
and surrendered ; others escaped towards Florida and took 
refuge at Pensacola, where the British agents tried to rally 
them. Marching to the head of the peninsula between the 
Coosa and the Tallapoosa, the victorious Tennesseeans pro- 
ceeded to build a stockade, which they called Fort Jackson, 
on the spot wliere Bienville had built Fort Toulouse a liun- 
dred years before. To Fort Jackson came chief after chief 



122 HISTORY OF ALABAMA. 

and surrendered, and at length Weatherford himself rode up 
to Jackson^s tent and announced that his people could fight 
no longer. The general, respecting the valor of so brave a 
foeman, protected the fallen warrior from the violence of the 
whites and of the friendly Creeks. Weatherford took no fur- 
ther part in the war except to urge his people to surrender. 
In later years he lived among the white people of Monroe 
County, and he was not a bad citizen when Alabama became 
a State. 

Some troops from Georgia and South Carolina were at 
this time occupying a post called Fort Decatur, on the Talla- 
poosa, in the present Macon County. In April Major-General 
Thomas Pinckney, in command of the southern department, 
marched from Fort Decatur to Fort Jackson. He ordered 
the west Tennessee troops, whose terms were expiring, to 
return to their homes, and General Jackson went with them. 
Pinckney then sent out parties to scour the country for the 
remaining Red Sticks. 

In July, however, Jackson returned. He had been made 
a major-general, ordered to take command of the southern 
army, and empowered to make a treaty witli the vanquished 
Creeks. After some opposition a number of chiefs agreed to 
his terms, and on August 9 the treaty of Fort Jackson, a 
very important document in Alabama history, was signed. 
The Creeks gave up all claim to the lands lying west of the 
Coosa, and they agreed to a boundary line on the south 
drawn in a southwestern direction from the falls at We- 
tumpka to the mouth of Summochico Creek on the Chatta- 
hoochee, below the town of Eufaula. Thus they surrendered 
about one-half the present State of Alabama, paying in this 
way the penalty for their war against tlie whites. They also 
surrendered to the United States Government large tracts 
east of the Chattahoochee, out of which twenty counties of 
Georgia have since been formed. 

Jackson's eyes were now turned to the southward. The 



PENSACOLA Occupied. 123 

British at Pensacola, clearly assisted by the Spanish authori- 
ties, were trying to restore the spirit of the Red Sticks and 
planning an attack on Mobile and New Orleans. So Jack- 
son at once proceeded down the river to Mobile, wliere he 
made his headquarters ; and troops were hurried southward 
from various parts to resist the threatened attack on the two 
cities. Fort Bowyer, on Mobile point, had been abandoned 
by General Flournoy, but it was now re-occupied and garri- 
soned. This was hardly done when a land force of some six 
hundred Indians, with a hundred and thirty British marines, 
advanced against it, supported by two British sloops of war 
and two brigs. The attack lasted through September 15. 
Major LaAvrence, who was in command, had a small garrison 
of one hundred and thirty, but he used his artillery with 
good effect. The assailants were finally repulsed, and the 
flagship Hermes was blown up by the explosion of her 
magazine. The American loss was slight, but the British 
had several hundred killed and wounded. 

Jackson, having lost all patience with the Spaniards, de- 
termined to occupy Pensacola, where the Britisli had been 
permitted to deposit arms and even to man the forts. In Oc- 
tober several thousand troops had reached the Tensaw neigh- 
borhood, on their way to defend Mobile and Xew Orleans. 
Hurrying up the river to meet them, tlie general turned them 
towards Florida, and on November 7, after a brief struggle, 
he entered Pensacola. Fort St. Michael was occupied, but 
the enemy blew up Fort Barrancas before the Americans 
reached it. Returning to Fort Montgomery, in the Tensaw 
country, Jackson ordered ^lajor Uriah Blue, with a sufficient 
force, to scour the swamps and bays of West Florida for the 
remaining Bed Sticks, who liad been driven out of their ref- 
uge at Pensacola. He himself, with the main part of his 
army, departed for New Orleans, there to win the crowning 
triumph of his military career. Major Blue faithfully ac- 
complished his mission, and thus ended the war between the 



124 HISTORY OF ALABAMA. 

Creeks and the United States. It ended in the utter over- 
throw of the Indians, but it is doubtful if a fight was ever 
maintained more bravely by any people. The achievements 
of the Red Sticks are all the more remarkable, when we re- 
member that large numbers of the Creeks refused to ''^'take 
the war talk " and were steadfastly friendly to the whites 
throughout the struggle. 

The treaty of peace between Great Britain and the United 
States was signed at Ghent on December 24, 1814, but when 
the news reached General Jackson the battle of New Orleans 
had been fought. Soon afterwards a British fleet appeared 
at Mobile Point, and five thousand men were landed. Major 
Lawrence, seeing that resistance was hopeless, surrendered the 
post, and the garrison, numbering three hundred and sixty, 
became prisoners of war. This was on February 12. A 
month later the news of the peace had reached the southern 
country. The British departed on April 1, and thus the soil 
of Alabama was freed of foreign occupants. So we may now 
turn from battles and marches to the more peaceful agencies 
at work in the upbuilding of the future State. 

The year 1816 is notable for three important cessions of 
land. The first was made by the Cherokees. For 165,000 
they gave up all their claims west and south of a line drawn 
from Chickasaw Island, in the Tennessee, due south to the top 
of the dividing ridge between the waters of the Tennessee 
and the Tombigbee, thence eastwardly to the west branch of 
Wills Creek, and down that creek to the Coosa River. The 
second was made about the same time by the Chickasaws. 
For a small money payment they gave up their claims east of 
a line drawn from the mouth of Caney Creek on the Tennes- 
see, in the present Colbert County, in a generally southwest- 
ern direction to Cotton Gin Port on the Tombigbee. The 
third was made by the Choctaws, who gave up all their re- 
maining claims east of the Tombigbee. 

These cessions, following the treaty of Fort Jackson, left 



Rapid INCREASE of Settlers. 



125 



about three-quarters of the lands in Alabama open to settle- 
ment by white men; but the Creeks showed their ill will now 
and then, and committed occasional outrages. 

During the war the settlements in the Tombigbee and 
Tensaw country had received little increase, but Madison 
County had not suffered. Its population at this time was 
about ten thousand, and in June, 1815, it elected three dele- 
gates to the Territorial legislature, while the Washington 
district on the Tombigbee sent but two. Immigration began 
afresh, and by the close of the year 181 G the population of the 
whole Territory was not less 
than seventy-five thousand. 
Xearly thirty thousand of 
this belonged to the eastern 
or Alabama section. Holmes, 
who had been a faithful and 
energetic official in war time, 
was still governor. 

The two years immediately 
following the peace were 
chiefly notable for the rapid 

increase of settlers, the felling of forests, and the building 
of cabins. From Virginia, Georgia, and the Carolinas an 
ever-growing stream of immigrants, mainly of good English 
and Scotch-Irish stock, poured through the Creek country 
to the heart of the Territory. The Tennessee Valley drew 
largely on the sturdy folk of Tennessee, chiefly of Virginia or 
Carolina blood. Such a rapid growth of population in a 
Territory is always followed by an appeal for admission as a 
State. The people of Mississippi Territory had, in fact, been 
asking for admission before tlie war ; and now the move- 
ment grew stronger. At the same time it was felt that the 
Territory was too extensive to be made into a single State, 
and the question was raised whether it should be divided by 
a line running east and west or north and south. If the 




settler's cabin. 



126 HISTORY OF ALABAMA. 

lands acquired from Spain in 1810 had been made part of 
Mississippi, the line would probably have run east and west ; 
but Louisiana obtained the country as far east as the Pearl. 

By Act of Congress of date March 1, 1817, the Territory 
was divided by the line which now separates the States of 
Mississippi and Alabama. Beginning at the point where the 
Tennessee River crosses the southern boundary of Tennes- 
see, the line ran up the river to the mouth of Bear Creek, 
thence direct to the northwest corner of Washington County, 
and thence due south to the Gulf. The western half re- 
tained the name of Mississippi, and was at once admitted as 
a State. On March 3 the eastern half was organized as a 
Territorv, and was called Alabama. 

QUESTIONS. 

Describe the Horseshoe. Tell about the battle there. Who suc- 
ceeded Jackson, and what did he do ? Why did Jackson return to the 
Creek country ? What was the boundary established by the treaty of 
Fort Jackson ? Wiiat were General Jackson's movements after leaving 
Fort Jackson ? Describe the attack on Fort Bowyer. How and why 
was Pensacola taken ? What was Major Blue's mission ? What mili- 
tary events happened in the south after the treaty of Ghent ? What 
Indian cessions were made in 1816? What was the effect of the peace on 
immigration ? What important Act of Congress was passed on March 
1, 1817 ? What on March 3 ? Tell what you know of the following, 
pointing out places on the map : Fort Williams ; Tohopeka ; Fort 
Toulouse ; Weatherford ; Fort Decatur ; Major Lawrence. 



CHAPTER XV. 

ALABAMA A STATE 11^ THE UNI0:N\ 

Alabama as a Territory was in a stage of progress towards 
statehood through which most of the States in the Union 
have had to pass. Its governor and secretary were appointed 
by the President, and the governor's powers were very exten- 
sive. There was a legislature of two chambers, the upper 
chamber called the Legislative Council, the lower called 
the House of Representatives. The act of Congress pro- 
vided that those members of the Legislative Council of Mis- 
sissippi Territory who represented the counties now thrown 
into Alabama should constitute the first Legislative Council 
of the new Territory, and that its first House of Representa- 
tives should be made up of the members from those counties 
who were sitting in the House of Representatives of Mississijipi 
Territory. It was further provided that all persons then 
holding public office should remain in office as before, and 
that all laws in force at the time the act went into effect 
should continue in force ; but a new judge was to be named, 
who, with the two already in office, should make up a gen- 
eral court at St. Stephens. St. Stephens was named as the 
seat of government until the legislature should otherwise 
order. The act of Congress did not go into effect until Mis- 
sissippi had adopted a State constitution. 

This was done in the summer of 1817, and then the Presi- 
dent appointed William Wyatt Bibb, of Georgia, governor of 
Alabama Territory. He was a Virginian by birth, a graduate 
of William and Mary College, and a physician by profession. 
He had sat in the Georgia legislature, in the House of Rep- 



128 



History of Alabama. 



resentatives at Washington, and in the Senate of the United 
States. Obedient to his call, the legislatnre convened at St. 
Stephens January 19, 1818. As it happened, James Titus 
was the only member of the Legislative Council. It is said 
that he sat alone, in a separate chamber, and went through all 
the forms of legislation, " meeting ^^ and '^^ adjourning'^ with 
much ceremony. In the House of Eepresentatives the coun- 
ties of Baldwin, Clark, Madison, Washington, Monroe, Mo- 
bile, and Montgomery had representatives. Gabriel Moore, 
of Madison, was speaker. Monroe had been established in 
1815, and Montgomery in 181G. 

Governor Bibb in his message called attention to a petition 
of the Mississippi convention asking Congress to shift the 
boundary line to the Tombigbee River. But the people of 
Alabama successfully opposed this. The legislature promptly 
went to work. The names of six persons were sent to the 
President of the United States, and he chose three of them 
to be additional members of the Council. A stock bank already 
in existence at Huntsville had its name changed, and the Tom- 
beckbe Bank, with a capital of 1500,000, was established at St. 






^^^ (P 7f -S^oi^p^^^^ot/ S€a4j&t/' CS:^ -ll^fe-^ 



ONE OF THE FIRST BANK BILLS ISSUED IN ALABAMA. 

Stephens. The St. Stephens Academy and the St. Stephens 
Steamboat Company were incorporated. Commissioners were 
chosen to select a permanent capital. The Territory was 



Rush of Immigrants. 129 

divided into three judicial districts. Thirteen new counties 
were established — Cotaco, Lawrence, Franklin, Limestone, 
Lauderdale, Blount, Tuscaloosa, Marengo, Shelby, Cahaba, 
Dallas, Marion, and Conecuh — and the boundaries of Wash- 
ington, Baldwin, Mobile, and Madison were altered. 

These were the principal acts of the first representative 
body of lawmakers that ever sat on Alabama soil. Its sec- 
ond and last session was held in November, 1818. At this 
session two new counties, St. Clair and Autauga, were estab- 
lished ; another bank was chartered, this time for Mobile; 
and the banks at St. Stephens and Huntsville were empow- 
ered to increase their capital stock. A tract of land at the con- 
fluence of the Cahaba and Alabama rivers was selected for 
the seat of government, and Governor Bibb was commis- 
sioned to lay ofl there the new town of Cahaba. 

The remnants of the Red Sticks made trouble again in 
1818, when some atrocious murders were committed in 
southern Alabama by a party led by Savannah Jack, a re- 
lentless hater of the whites. Samuel Dal ), who had been 
commissioned colonel, led a force against them, and they 
were with some difficulty driven away. The whites were 
then permitted to occupy peacefully the lands ceded at Fort 
Jackson. The next year more lands were opened to immi- 
gration by a new cession from the Cherokees. This was 
made at Wasliington in February, and included all Chero- 
kee claims in Alabama north and Avest of the Tennessee 
River. The lands thus obtained are now embraced in tlie 
counties of Jackson, Madison, and Marshall. 

But the great importance of the Territorial period lay in 
the rush of immigrants. In the spring of 1817 the movement 
was so rapid as to threaten many with starvation unless sup- 
plies were sent tliem from otlier parts. The price of pro- 
visions was very high. Flour was selUng at Fort Claiborne 
at twenty dollars a barrel, and corn at five dollars a busliel. 

The immigrants were not Avealthy, as a rule ; but neither 
9 



130 HISTORY OF ALABAMA. 

were they shiftless outcasts from the older communities. 
They were people who wished to better their condition, and 
who were not afraid of a long journey or of facing rough sur- 
roundings. Soon their numbers were increased by a different 
class — wealthy planters, who came with numerous slaves to 
cultivate the rich cotton lands of the prairie belt. 

The States contributing most to swell the stream were Vir- 
ginia, the Carolinas, Georgia, and Tennessee ; but there were 
many who came from States further north, even from New 
England. As a rule, the Georgians settled in the east, and 
the Tennesseeans in the northern and middle regions, while 
the Virginians and Carolinians were apt to seek the bottom 
lands near the great rivers, or the fine agricultural regions in 
the west and southwest. 

The distribution of the immigrants into different quarters 
soon began to give to each of the communities its own pecu- 
liar character. The wealthier immigrants preferred the level 
lands, suitable for plantations of many acres ; the poorer 
were content with smaller farms among the hills. As yet 
there were no large towns, but it was at this time that most 
of the important towns and cities in the State were founded. 

One band of immigrants was particularly interesting. 
During the winter of 1816-1817 a number of Napoleon's old 
followers, set adrift by the battle of Waterloo, and exiled 
from France by an ordinance of Louis XVIII., came to 
America. Congress authorized the sale of four townships of 
the public domain'to the refugees at two dollars an acre, on 
condition that they cultivated the vine and the olive. They 
decided to settle near the confluence of the Tombigbee and 
the Warrior. To promote this enterprise a company or asso- 
ciation was formed at Philadelphia, and lots were assigned to 
the individual colonists. Unfortunately, the assignments were 
made in a bungling fashion, and on the Avrong land, and so 
had to be changed. This caused much hardship to the col- 
onists. Most of the grants lay in Marengo County, which 



THE ENABLING ACT. 131 

was named for one of Napoleon's great battles, and the 
colonists founded Demoj^olis ; but there were also some grants 
in Greene County. Among those who came to Alabama were 
several ''officers who had been highly distinguished in Napo- 
leon's wars. One of them. General Desnoettes, had been 
chosen by the fallen emperor to receive his last embrace 
when he bade farewell to his officers before he sailed for Elba. 
Another was a son of that Marshal Grouchy who is most 
blamed for the loss of AVaterloo. 

The colony was not successful. The experiment of culti- 
vating grapes and olives failed. Many of the colonists sold 
their grants, but others remained and became a permanently 
valuable element in the population of the State. 

With all this immigration the population of Alabama in- 
creased very rapidly. The increase in 1818 was estimated at 
thirty-five thousand ; in 1819, at forty thousand. The total 
population in 1818 was computed at sixty-seven thousand, of 
whom over twenty-one thousand were slaves and above three 
hundred free persons of color. As a result of this astonish- 
ing increase Congress, on March 2, 1819, just one day less 
than two years after the act that made Alabama a Territory, 
passed another act permitting its people to form a constitu- 
tion preparatory to its admission into the Union of States. 

This Enabling Act, as it was called, defined the limits of 
the future State, authorized all male citizens of the United 
States who had lived three months in the Territory to vote 
for representatives in a constitutional convention, named a 
date for the election and for the assembling of the conven- 
tion, and left the rest to the convention itself. Congress also 
offered to the State all the salt springs within its limits ; the 
sixteenth section of every township of the public lands, for 
the support of schools ; twenty-two sections of land for the 
use of a ^^ seminary of learning"; sixteen hundred and 
twenty acres for the seat of government at Cahaba : and five 
per cent of the net proceeds from the sale of public lands. 



132 HISTORY OF ALABA3IA. 

to be spent on internal improvements. All of these offers 
were accepted. 

The elections were held in the various counties early in 
May. Madison was entitled to eight delegates, the largest 
number any county was allowed to choose. The total was 
forty-five, and of these forty-four appeared at Huntsville on 
July 5, and set about the most notable work a self-governing 
people ever has to do. 

It is of great importance for us to understand what the con- 
vention at Huntsville set itself to do. In making a constitu- 
tion it was determining how laws should be made in Alabama, 
how interpreted, and how executed. But the constitution 
must be such a one as should not conflict Avith the Constitution 
of the United States, of which Alabama was about to become 
a member ; and it must be republican in form. According to 
our American system certain general powers are given to the 
Federal government and other j)owers are reserved to the sev- 
eral States ; and the convention had to determine how those 
powers not given to the government at Washington and not 
denied to the separate States should be exercised in Ala- 
bama. The delegates were guided in their work by the ex- 
amples of the older States and by certain great principles of 
government worked out by our ancestors in England and in 
the colonies before the Union of States was formed. 

The men who sat in the convention were good representa- 
tives of a young and vigorous commonwealth. Among them 
were future governors, justices of the Supreme Court of the 
State, congressmen, and senators ; one was destined to be 
for a brief period vice-president of the United States. John 
W. Walker, of Madison, was chosen to preside. By the sec- 
ond day of August the work was finished and sent to Con- 
gress for its approval. 

The Constitution besfan with a declaration of rie'hts, set- 
ting forth the great principles of free government on which 
American institutions are based. It declared that all politi- 



The New Constitution. 133 

cal power belongs to the people, and it enumerated the riglits 
that belong to individuals and with which no government 
should interfere. Among these are the right to worship 
God as one's conscience directs, the right of free speech, the 
rights of projierty, and the right of trial by jury. 

To make the laws of Alabama the Constitution established 
a General Assembly of two' houses, the Senate and the House 
of Representatives. The members of both houses were to 
be chosen by popular vote. The right to vote was given to 
every white male twenty-one years of age or older on condi- 
tion that he resided a year in the State and three months in 
the county or senatorial district in which he offered to vote. 
The term of senators was fixed at three years, that of rep- 
resentatives at one year. 

At the head of the officers charged with executing the 
laws was to be placed a governor, chosen by poi3ular vote for 
a term of two years, the same man being ineligible for the 
office for more than two terms in six consecutive years. The 
governor was made commander-in-chief of the State militia, 
except Avlien it should be called into the service of the 
United States. He was invested with authority to call ex- 
traordinary sessions of the Assembly, and to veto its acts, 
which tlien could become laws only if they were again 
passed by a two-thirds vote of both houses ; and he was em- 
powered to grant reprieves and pardons in all cases except 
treason or impeachment. To help him in his duties the 
Assembly was required to elect a secretary of state, a State 
treasurer, and a comptroller of public accounts. 

The judicial power was vested in a supreme court, a cir- 
cuit court to be held in each county, and such inferior courts 
as the Assembly should from time to time establish. Even 
the final constitution of the Supreme Court was left to the 
Assembly, but meanwhile its duties were imposed on the sev- 
eral circuit judges sitting together. 

The Assembly was also empowered to provide for a court 



134 HISTORY OF ALABAMA. 

of chancery and of probate in each county, and for justices 
of the peace. Judges were to be chosen by the Assembly, 
and to hold office during good behavior, except that no judge 
should hold office after reaching the age of seventy. 

Among the provisions of the Constitution were certain 
clauses about slaves. The Assembly was forbidden to pass 
laws for the emancipation of slaves without the consent of 
their masters, or to prevent immigrants from bringing their 
slaves into the State. It was declared that any person maim- 
ing or killing a slave should be punished as if the victim were 
a white person, unless the slave were in insurrection. 

The work of the convention was approved by Congress, 
which on December 14, 1819, resolved : 

^' That the State of Alabama shall be and is hereby de- 
clared to be one of the States of the United States of Amer- 
ica, and admitted into the Union on an equal footing with 
the original States in all respects whatsoever." 

In November, 1818, General Jackson appeared as a bidder at the 
sale of public lands at Huntsville. Rich and poor, speculators and set- 
tlers, kept silence, and the land was knocked down to him at the lowest 
price, which was two dollars an acre. The prices paid by other pur- 
chasers were much greater. During the first session of the first State 
Assembly the general was again at Huntsville with his race horses. 
Both houses passed resolutions of respect, and he was invited to visit 
and take a seat in either house whenever he liked. 

QUESTIONS. 

How was the first Territorial legislature made up ? Tell what you 
know of the first governor. Mention the principal acts of the legisla- 
ture. What were the sources of immigration to the Territory ? What 
do you kuow of the French colony on the Tombigbee ? Give the 
figures as to population and immigration in 1818 and 1819. Give the 
principal provisions of the Enabling Act. Describe the Huntsville con- 
vention. State clearly what it had to do. Tell what you know of the 
following : The declaration of rights ; the law-making power ; the ex- 
ecutive power ; the judicial power ; the regulation of slavery. 



CHAPTER XVI. 

THE STATE (lOVEllNMENT ORGANIZED — GOVERNORS WILLIAM 
W. BIBB AND THOMAS BIBB. 

Alabama was now a State in the Union. So its political 
history began to have two sides. On the one hand there was 
the State government, as established by the State Constitu- 
tion, to be administered by State officers. On the other 
hand there were the duties and responsibilities which be- 
longed to Alabama as a part of the Federal Eepublic. These 
were set forth in the Constitution of the United States. 
But for years our chief interest must be in the affairs that 
belonged to the people of the State quite apart from the 
Federal government. 

As soon as the State Constitution was framed the work of 
carrying out its provisions was begun. In September elec- 
tions were held to choose a general assembly, a governor, one 
representative in Congress for the whole State, clerks of the 
several courts, and a sheriff for each county. 

William W. Bibb was chosen governor by a majority of 
more than one thousand over Marmaduke Williams, of Tus- 
caloosa, the total number of votes cast for both being over 
fifteen thousand. John Crowell was chosen representative 
in Congress. 

On the fourth Monday of October the General Assembly 
met at Huntsville and set about organizing the State govern- 
ment. But before we describe the Assembly's work let us see 
what was the condition of the people with wliose affairs it had 
to deal. 

The census of 1820 showed a population of 137,001, not 



136 HISTORY OF ALABA3IA. 

including Indians. The whites were 95,451, the negroes 
42,45U; and nearly all the negroes were slaves. 

Agriculture was the chief industry ; it may be said it was 
the only important industry, for those who were not engaged 
in planting were as a rule occupied in furnishing supplies to 
the planters or in transporting or otherwise handling their 
crops. The principal cro23 was cotton, and for years the 
people of the State were to rest content with this one gift of 
nature, leaving a later generation to profit by the wonderful 





W 








•:# 





RUINS OF GENERAL LAND OFFICE, OLD ST. STEPHENS. 

mineral riches hidden beneath the mountains. In the year 
1817-18 seven thousand bales of cotton left the port of Mobile, 
and four years later the total rose to twenty-five thousand. 

Farming lands were in great demand, and the immigrants 
were eager to get land of all sorts. Before the State was ad- 
mitted to the Union Congress had surveys made, and when 
the land office opened at Iluntsville prices were quite high. 
Eighty-three dollars per acre was bid for second-rate land. 
By this time Iluntsville had outstripped St. Stephens, whose 
land office became comparatively unimportant. 



Education and Religion. 137 

The great drawback was the lack of good means of trans- 
portation. The roads were bad, and on the rivers llatboats 
were still in nse. It took a traveller three months to go 
from Mobile to Montgomery in 1819. The Steamboat Com- 
pany of Alabama was chartered in 1820, and the Mobile 
Company in 1821, bnt it was some years before there was a 
good service on any Alabama river. 

Life in such a new country was bound to be pretty rough 
for a time. Luxuries could scarcely be had at any price, and 
many things that nowadays would be called necessaries were 
wanting. Not a town in the State had a population of two 
thousand. Huntsville, Claiborne, Mobile, Cahaba, old St. 
Stephens, Florence, and Montgomery were as yet only villages, 
but they all expected to be cities very soon, and their building 
lots sold at good prices. When Florence was laid out, fifty- 
two lots sold for eighty-three thousand dollars. 

Even in the towns there were as yet. but few schools. 
About the beginning of the century a young man from N"ew 
England, named John Pierce, had set up a school in the 
Tensaw neighborhood." Except, perhaps, in Mobile, where 
priests had doubtless acted as teachers early in the colonial 
period, this was the first school in the State. Washington 
Academy was established at St. Stephens in 1811 ; and the 
next year Greene Academy was established at Huntsville, 
where it remained until its buildings were burned during the 
Civil War. But Alabama had no system of public schools 
until many years after it became a State. The rich planters 
usually hired tutors for their children, and many sent their 
sons to college when they grew to a sufficient age. 

The churches multiplied more rapidly. The pioneer church 
was the Roman Catholic, as it was the established church both 
of the Spaniards and the French. Mobile's first parish priest, 
Henri R. de la Yente, was a zealous worker for his faith, and 
his successors were equally zealous. Churches were built at 
Mobile and on Dauphine Island. AVhen the English came 



138 HISTORY OF ALABAMA. 

the Eoman Catholics lost some of their strength, but they 
regained it after the conquests of Galvez. 

The Protestants in the Tensaw and Tombigbee neigh- 
borhoods were long without church buildings or settled 
ministers ; but after a while missionaries representing the 
various denominations came among them. Lorenzo Dow, a 
wandering preacher, appeared on the Tensaw as early as 1803. 
Many hardy evangelists came with the great rush of immi- 
gration following the Creek war. They were chiefly Meth- 
odists and Baptists, and they preached the Gospel wherever 
a body of hearers could be assembled — in private houses, in 
court-houses, in the open air. The work required courage 
and endurance, but many of the immigrants were God-fear- 
ing people, and before long every community of considerable 
size had at least one house of worship. In 1820 the Presby- 
tery of Alabama was established. By 1821 there were seventy 
Baptist churches in the State. From this time all the Pro- 
testant denominations made rapid progress. 

Governor Bibb was inaugurated on November 9. His 
message to the Assembly called attention to the liberal land 
grants by Congress for purposes of education and internal 
improvements. He reported that the new capital, Cahaba, 
had been laid off, and that from the sale of lots over one hun- 
dred and twenty-three thousand dollars had been obtained ; 
one-fourth of this sum was to be used in building a tem- 
porary State House. The Assembly, to complete the execu- 
tive department, already headed by the governor, elected 
Thomas A. Rodgers secretary of state, Samuel Pickens 
comptroller of accounts, and Jack F. Ross treasurer. 

The next step was to organize the judiciary. At the 
bottom of the system were the justices of the peace. Under 
the Territorial government these had been named by the 
governor. Under the State government it was provided 
that within the limits of each militia company district in the 
several counties two justices and one constable should be 



The Judiciary Organized. 



139 




JUDGE REUBEN SAFFOLD. 



chosen by the qualified electors. The method of choice 

remained practically the same down to the period of the 

Civil War. The militia in those days included the whole 

white male population, with a few 

exceptions, such as judges and 

ministers. 

The judges of the county courts 

had also been named by the gov- 
ernor in the Territorial period. 

Under the State government the 

General Assembly had power to 

choose one probate judge for each 

county. This system remained 

in force until 1850. The first 

legislature divided the state into 

five judicial circuits, electing one 

circuit judge for each. Court 

was held in every county twice a year, and the judges were 

constantly moving around from county seat to county seat. 

Lawyers followed them around the circuits. 

The Supreme Court was at 
first made up of the circuit 
judges sitting together. The 
judges first chosen were 
Clement C. Clay, Richard Ellis, 
Reuben Saffold, Henry Y. 
Webb, and A. S. Lipscomb. 
At the first session of the 
court, held at Cahaba in 1820, 
Judge Clay was chosen Chief 
Justice. The next year a sixth 
circuit was added, and in 1828 
a seventh. 

When the Assembly had 

chosen an attorney-general for the State and solicitors for 




JUDGE A. S. LIPSCOMB. 



UQ 



HISTORY OF ALABAMA. 



the circuits, tlie judiciary department was ready for business, 
and the Assembly was left to the work of making ordinary 
laws. 

It found awaiting it many questions, such as always arise 
in new States. At its first session the counties of Greene, 
Jeiferson, Perry, Henry, Wilcox, and Butler were estab- 
lished ; and at the second session, in 1820, Pickens County 

was carved out of Tuscaloosa. 
Commissioners were empowered 
to lease the lands given by Con- 
gress for the supjDort of schools 
and for a college. The Uni- 
versity of Alabama was char- 
tered, but it was some years 
before it began its work. A 
system of patrols to prevent the 
escape of slaves was established, 
and provision was made for or- 
ganizing the militia. 

It was also the duty of the 
Assembly to choose two United 
States Senators. William E. King, of Dallas, and John W. 
Walker, of Madison, were elected. They were required to 
draw lots for their terms of service, and Senator Walker 
drew the long term of six years and Senator King the short 
one of four years. At the same session the Assembly chose 
three electors to cast the vote of the State in the presidential 
election of 1820, and the electors chosen all voted for James 
Monroe, of Virginia, for President. The great majority of 
the people of Alabama were from the first in sympathy with 
the party to which Monroe belonged, and which was at first 
called Republican, but later Democratic. It was, under all 
its names, the party that stood for State rights and against 
any increase in the powers of the Federal government. 

But the most notable legislation of the first General 




GOVEKNOK THOMAS BIBB. 



Governor Tiioiias Bibb. lii 

Assembly was on the subject of banking. The Constitution 
autliorized the establishment of a State bank on condition 
that at least two-fifths of the capital stock should be held by 
the State^ with a proportional power in the direction of the 
bank's affairs. At the session of 1820-21 an act was passed 
establishing a bank at Caliaba and fixing the capital stock at 
two million dollars, half of which was reserved for the State. 
This first attempt to establish a State bank ended, however, 
in failure, for the capital was never subscribed. 

In July, 1820, Governor Bibb died at his home in Autauga 
County. His brother, Thomas Bibb, was then president of 
the Senate ; in accordance with the Constitution he became 
governor, and held the office until a successor was elected 
and inaugurated in 1821. Bibb County was named in honor 
of the first Governor Bibb. 

John W. Walker was by birth a Virginian. He graduated with 
distinction at Princeton College. He was among the first settlers in 
Madison, and represented the county in the Constitutional Conven- 
tion. He practised law at Huntsville until he was chosen to the United 
States Senate. In the Senate he got a law passed for the relief of 
purchasers of public lands, a measure which is declared to have saved 
Alabama from bankruptcy. His abilities promised for him a career of 
great usefulness, but ill health compelled him to retire after little more 
than two years of service. He died in April, 1823. His family has been 
much distinguished in Alabama. 

QUESTIONS. 

What offices were to be filled at the elections in 1819 ? What was the 
result of the elections? Tell, under the following headings, what you 
know about the condition of Alabama when it became a State : popula- 
tion, industries, land values, transportation, towns, schools, churches. 
Tell what was done about the judiciary department, noticing (1) the 
justices of the peace, (2) the county courts, (3) the circuit courts, and (4) 
the Supreme Court. Give the names of the first Supreme Court justices. 
Tell what you know of the first Assembly's work under these heads : 
new counties, school lands, patrols and militia, election of senators and 
electors, banking. Who succeeded Governor Wm. W. Bibb ? Why ? 



CHAPTER XVII. 
admin^istratio:n^ of govern^or pickens. 

At the regular election in 1821 Israel Pickens was elected 
governor over Henry Chambers, of Madison, and in 1823 he 
was again successful against the same opponent. Governor 
Pickens was born in North Carolina in 1780. He represented 
a North Carolina district in Congress for some years, and 
in 1817 came to Alabama as register of the land office at 
St. Stephens. He represented Washington County in the 
Constitutional Convention, but he was living in Greene 
County when he was elected governor. 

During the four years he held the office his course was sat- 
isfactory to the people. He devoted himself zealously to 
their interests, and his correspondence and state papers 
give evidence of his ability. In 1824 it was his privilege to 
extend the hospitality of Alabama to General La Fayette, 
who was at that time travelling through the United States. 

These years were not marked by exciting events in Ala- 
bama ; but they were important years in the growth of the 
State. From time to time the larger counties, becoming 
more populous, were divided. In 1821 Covington was 
carved out of Henry, and Pike out of Conecuh ; and in 1821 
Dale was formed out of parts of Covington and Henry, 
Fayette out of parts of Marion, Pickens, and Tuscaloosa, 
and Walker out of parts of Tuscaloosa and Blount. Cov- 
ington was named in honor of General Leonard W. Coving- 
ton, of Maryland. Dale took its name from the hero of the 
famous canoe fight already described ; Fayette from the noble 
Frenchman who about this time was the guest of the State ; 



Transportation and travel. 143 

and Walker from the distinguished Alabamian who presided 
over the Constitutional Convention at Huntsville and after- 
wards represented the State in the Senate at Washington. 
The country was now taking on a look of activity and life. 
Mobile, Montgomery, Tuscaloosa, Huntsville, Cahaba,- and 
other towns were growing into importance. 

But transportation and travel were still slow and bur- 
densome. The counties, however, were building roads, and 
the legislature was planning a number of highways. One 
of these was to run from Cahaba to the Tennessee, forming 
part of a route from the Florida line to the northern boundary. 
This and other plans for connecting the Tennessee Valley 
with the Gulf coast were favored by many, because it was 
feared that the valley might not liave enough interests in 
common with the lower half of the State. 

Travel by water was much improved in 1821, when the first 
steamboat passed up the Mobile and Alabama rivers to 
Cahaba and Montgomery, making in four or five days a trip 
which the old-fashioned barges took twenty or thirty days to 
make. The same year there was a great freshet on the 
Alabama, and Cahaba suffered so severely that the idea of 
changing the seat of government was suggested. 

About this time the Indians were again a source of discon- 
tent. In 1823 a memorial from the legislature to Congress 
recommended the purchase of more land from the Chero- 
kees. But the Indians were unwilling to sell more of their 
lands. The Creeks were still complaining about the treaty 
of Fort Jackson. Some of them said that the few chiefs 
who signed it had no authority to represent the whole 
^' nation.'' At a council at Tukabatchi they announced that 
it was displeasing to them when the whites asked them for 
more land. 

All this time the boundary between Georgia and Alabama 
was unmarked. Georgia was pressing the United States to 
have it marked, and in 1823 the Alabama legislature passed 



144 HISTORY OF ALABAMA. 

a resolution urging that it should be clone. The United 
States Government, however, decided that it was a matter for 
the two States to arrange for themselves. So a correspond- 
ence was begun between them with the object of forming a 
joint commission to do the work. 

A still more troublesome question during this period was 
the money question. The population of Alabama had in- 
creased very rapidly, but the amount of money in circulation 
in the State had increased very little, if at all. This was 
attributed partly to the fact that so many people had bought 
government lands on credit at high prices, and that every year 
money was drained out of the State to make payments to the 
United States on these lands. Moreover, in a new country 
there are always many people anxious to borroAV money. 

The legislature of 1823 agreed upon a plan which it was 
thought would give permanent relief. This plan was to es- 
tablish a State bank with a capital large enough to win the 
confidence of the people, and give it power to issue bank 
notes — or bank bills, as they were usually called. A bank 
note is simply the promise of a bank to pay gold or silver to 
the holder of the note whenever he demands it. The legis- 
lature could not compel the people to accept these bank notes 
as money, because the Constitution of the United States de- 
clares that no State can make a man take anything but gold 
or silver coin in payment of a debt. But the legislature 
knew that if the people believed that the bank was able to 
pay its notes they would be willing to accept those notes in 
payment of debts, even though they were not compelled by 
law to do so. The plan, therefore, was for the bank to issue 
notes and lend them, at a good rate of interest, to men who 
wanted to borrow and could give good security. The bank 
notes borroAved would pass from man to man, and thus satisfy 
the pressing need for money. If borrowers paid their debts 
to the bank promptly, it would have money to pay its notes 
without using up its capital. The interest which it earned 



Bank of the State of Alabama. 145 

on the loans would give a good profit. Other States were 
trying the same plan about the same time. It is important 
for us to see how it worked in Alabama. 

The act of 1823 gave to the " Bank of the State of Alabama " 
a charter Avhicli was to hold good until 1845. Some moneys 
arising from the sale of the land given by Congress for a semi- 
nary of learning went into the capital stock, but it was j^ro- 
vided that the amount from this source should not exceed 
one hundred thousand dollars. Moneys arising from the lands 
given for a seat of government, from the three per cent, 
granted by Congress on the sale of public lands, from escheats, 
and from the lease of salt springs, were also to go into the 
capital stock. In addition, the governor and five commis- 
sioners were authorized to issue State bonds, bearing interest 
at six per cent.; and it was declared that the legislature 
might from time to time put into the bank^s capital stock any 
other funds in the treasury. It was provided that the bank 
should be governed by a president and twelve directors, all 
to be elected annually by the General Assembly. The bank 
had authority to issue notes of denominations not less than 
one dollar. 

Alabama was thus embarked in the business of banking:. 
The officers of the bank were really State officers, and all 
their accounts were subject to the inspection of the State 
comptroller. By June, 1824, $100,000 was secured as capital 
stock, and accordingly the bank was set up at Cahaba. 

During the early years of Alabamans history as a State the 
people did not greatly concern themselves about national 
politics. The Democratic party was without a rival at that 
time, and all the public officers elected in Alabama were 
members of it. 

Senator King was reelected in 1823, and he was reelected 

several times afterwards, so that he held the office for many 

years. In 1822 Senator Walker was obliged by ill health to 

resign, and William Kelly, of Madison, succeeded him. For 

10 



146 



HISTORY OF ALABAMA, 



the term beginning in 1825 Henry Chambers, of Madison, 
was elected, but he died the next year while on his way to 
Washington. Former Governor Pickens was appointed to 

succeed him, and held the place 
until a senator could be elected, 
and when the legislature met in 
ISTovember John McKinley, of Lau- 
derdale, was chosen for the remain- 
der of the term. 

In the lower house of Congress 
John Kelly succeeded John Crowell 
in 1821. Two years later, under a 
new apportionment, the State be- 
came entitled to three representa- 
tives. John McKee, Gabriel Moore, 
and George W. Owen were chosen ; 
being twice reelected, they held 
office six years. 
In the Presidential contest of 1824 Alabama warmly sup- 
ported Andrew Jackson. The legislature provided that the 
five Presidential electors should be chosen by popular vote, 
and this has remained the method of choice ever since. 

At the State election in 1825 John Murphy, of Monroe, 
was elected governor without opposition. 




\ 



SENATOR JOHN McKINLEY. 



QUESTIONS. 

Tell what you know of Governor Pickens. What is said of the growth 
of the State during his administration ? What new counties were 
formed? W^hat is said of transportation and travel by land ? By water? 
What was the attitude of the Creeks at this time ? Mention some of the 
reasons that caused the legislature to charter a bank. Where was the 
bank set up ? What is said of politics in this period ? What changes 
occurred in Alabama's representation in the Senate ? In the House of 
Representatives ? Who succeeded Governor Pickens ? 



CHAPTER XVIII. 



THE ADMIXISTKATIOX OF GOYERXOR MURPHY. 




GOVERNOR JOHN MURPHY. 



John Murphy, the fourth 
governor of Alabama, was a 
man of solid parts, trusted and 
respected for his integrity. By 
birth a l^orth Carolinian, he 
passed his youth in great jjov- 
erty, from which he gradually 
rose by sheer industry, chiefly in 
the practice of the law. Coming 
to Alabama in 1819, he repre- 
sented the new county of Mon- 
roe in the Constitutional Con- 
vention. Keej^ing always a plain and unpretentious manner, 
he commended himself to the people by his modesty as well 
as his worth. In 1827 they endorsed his administration by 
reelecting him governor. Thus he held the office four years. 
His first term was distinguished by a change in the seat of 
government. The Constitution provided that the legislature 
chosen in 1825 should name the permanent capital, and at 
the first session after Governor Murphy's inauguration the 
subject was taken up. 

The freshets at Cahaba and the sickness there liad satis- 
fied the people that a change was necessary. The town had 
begun bravely, but its population was already falling olf. 
Montgomery, Tuscaloosa, Selma, Greensboro, Monte vallo, 
and Wilson's Hill were all mentioned in the discussion, but in 



148 HISTORY OF ALABAMA, 

the end the fight was between the two first named. Andrew 
Dexter, who is regarded as the founder of Montgomery, had 
always hoped that the town Avoiikl in time be the capital of 
the State. One of its claims lay in the fact that it was on 
the principal stage route from New Orleans to the east. But 
Tuscaloosa, a promising town which had grown up on the 
site of a Creek trading station which was destroyed by Gen- 
eral Coffee in the war against the Red Sticks, won the prize. 
The legislature voted in its favor in January, 1826, and the 
removal was made in the same year. The bank was also 
moved to the new capital. Cahaba never regained its early 
importance. Gradually the town of Selma absorbed the 
greater part of its trade and population. 

At this period there were really no cities in Alabama. The 
general prevalence of agriculture was not conducive to the 
growth of cities, which usually spring up as centres of trade 
and manufacturing. But migration to the young common- 
wealth was very rapid, and there was an air of growth and 
prosperity about it which excited comment in the news- 
papers of the day. Roads and other internal improvements 
were progressing. Domestic manufactures were encouraged. 
Members of the legislature, and the governor himself, wore 
home-made clothing. Nevertheless, the natural resources of 
the State were as yet hardly touched. There were miles and 
miles of land unmarked by the axe or plow. When the leg- 
islature offered a reward for wolf scal^os and panther hides, 
so many scalps and hides were brought in that the law had 
to be repealed in short order. 

When the bank was moved to Tuscaloosa it was appar- 
ently flourishing. Its notes were circulating to the extent of 
nearly three hundred thousand dollars. In 1828 its capital 
stock was increased by another loan of a hundred thousand 
dollars, and another trust fund — the money arising from the 
sale of school lands — was committed to its keeping. The 
only dissatisfaction, as yet, arose from the desire of other towns 



The Slave Code. 149 

to have branch banks of their own. Perhaps a few thought- 
ful men saw already the danger of mixing business with pol- 
itics, and that the bank was issuing too many notes, but the 
notes answered the demand for money, and the busy, hope- 
ful people were in no mood to stop and study out the trouble- 
some questions of j)ublic finance. 

Besides the bank, there were other things to keep the leg- 
islature busy. Many of its measures were aimed at the dis- 
orders inevitable in a new country, but by no means more 
prevalent in Alabama than in other young States. A num- 
ber of acts were passed to regulate and perfect the militia 
system. Duelling was frowned upon ; the law on that sub- 
ject defined the killing of an adversary in a duel as murder, 
and declared that no man who fought a duel should ever hold 
public office. On the subject of slaves and the slave trade 
a large body of laws was soon in existence, which became 
known as the slave code. Slaves were forbidden to go from 
home without passes, or to carry weapons ; and persons aid- 
ing in the escape of slaves were liable to severe punishments. 
An act was passed to enforce the act of Congress forbidding 
the foreign slave trade, and in 1827 it was also unlawful for 
any one to bring slaves into the State for purposes of barter 
or hire ; but immigrants were always permitted to bring their 
slaves with them. Free negroes were not allowed to vote, 
and were deprived of many other privileges enjoyed by the 
whites. 

The work of the legislature was from the first ably sec- 
onded by the courts. The first Alabama judges did not have 
the comfortable court-houses and other conveniences and 
dignified surroundings that their successors have to-day ; we 
read in fact of sessions held in churches, in blacksmith 
shops, and even in the open air. But the appointments to 
the bench were in the main fortunate. The Supreme Court 
was making rapid strides towards the eminence that it lias 
won in later times. . On the retirement of Chief Justice 



150 HISTORY OF ALABA3IA. 

Clay, in 1823, Abner S. Lipscomb succeeded him in the office. 
He held it eleven years, and has left the stamp of his intellect 
on the judicial history of the State. His place is among the 
very ablest judges Alabama has ever had. The publication 
in 1823 of a code of the laws then in force, prepared by 
Judge Harry Toulmin in obedience to a vote of the legisla- 
ture, simplified the work of the courts. 

The chief troubles of Governor Murphy's administration 
came from the eastward — from the Georgians and Greeks. 
The Georgians were discontented because the Creeks were 
not moved, and they were also anxious to have the bound- 
ary line between Georgia and Alabama finally marked. 

In both of these questions Alabama was interested. " The 
early removal of the Indians '' was a favorite toast at public 
dinners. The governor and the legislature both took occa- 
sion to express the popular feeling on the subject ; but in a 
calm and wise message Governor Murphy insisted that the 
red men should be treated with justice and humanity. In 
January, 1826, a treaty was made by which the Georgians 
practically secured the whole of their contention in regard to 
the Creeks ; but there Avas no provision for the removal of 
the Creeks who lived in Alabama. 

The same year the legislature authorized Governor Murphy 
to name commissioners who should cooperate with the com- 
missioners of Georgia in determining the true boundary 
between the two States. But a difficulty now arose over tlie 
location of the ^^ Great Bend ''in the Chattahoochee River, 
wliicli was referred to in the articles of cession of 1802. On 
this point the commissioners could not agree, and the Ala- 
bama commissioners retired. The Georgian commissioners, 
therefore, completed the work alone, but Alabama declined 
to accept the result of their labors. In the correspondence 
that ensued Governor Murphy sustained Alabama's position 
with dignity and force. 

Towards the close of the twenties the people of Alabama 



Opposition to the Tariff. 151 

began to show a livelier interest in national politics, strongly 
opposing the system of protective tariffs, which they con- 
sidered hurtful to the agricultural States, and particularly 
to the slave-holding States. The Alabama senators and 
members of Congress voted against the tariff law of 1828. 
In that year Alabamans votes were again cast for Andrew 
Jackson for President. But these national questions did 
not as yet have much effect in dividing the people on j^oliti- 
cal lines. In 1820, when the time came to elect another 
governor, there was still no opposition to the Democratic 
party. Gabriel Moore, of Madison, the Democratic candi- 
date, was elected. 

Garrett, in his "Reminiscences of Public Men and Events," tells 
this story to illustrate the respect in which Judge Lipscomb's legal 
ability was held : In 1838, after his retirement from the bench, the 
judge accepted an election to the legislature. The incident occurred 
during his term of service. "A bill was on its passage to authorize the 
sale of lands of an estate, and was about to go through without an ob- 
jection, when he arose and requested that the yeas and nays might be 
taken, that he might record his vote against it, believing that it was 
unconstitutional. He said but little, and that in a quiet way. The vote 
was taken, and every member voted against the bill, a unanimity and 
force ©f compliment never before paid any public man." 

QUESTIONS. 

Tell what you know of Governor Murphy. When, why, and whither 
was the seat of government moved ? What is said of the Alabama towns 
at this time ? Of immigration ? Of the general condition of the State ? 
How was the bank getting on ? What laws were passed about duelling ? 
About slaves and the slave-trade? What is said of the courts? Of 
Judge Lipscomb? When and by whom was the first code made? What 
was done about the boundary line ? What is said of national politics ? 
Who was chosen to succeed Governor Murphy ? 



CHAPTER XIX. 

ADMINISTRATI0:N"S of governor GABRIEL MOORE AND 
GOVERNOR SAMUEL B. MOORE. 




GOVERNOR GABRIEL MOORE. 



Gabriel Moore, of Madison, 
fifth governor of Alabama, like 
his two predecessors, was a native 
of North Carolina. He settled at 
Huntsville in 1810, and was soon 
sent to the Mississippi Territorial 
legislature. As we have seen, he 
was speaker of the Territorial legis- 
lature of Alabama. He was also 
a member of the Constitutional 
Convention and afterwards presi- 
dent of the State Senate. For 
six years before he was elected 
governor he sat in Congress. 

The census taken in 1830 showed a population of 309,527 — 
more than double that of 1820. The character and distri- 
bution of this rapidly increasing population are very inter- 
esting. The Tennessee Valley and the so-called " black belt " 
were most attractive to the immigrants, while the mineral 
region was comparatively neglected. Madison was still fore- 
most of the counties, having nearly twice as many inhabi- 
tants as any other. Limestone and Lawrence were next. 
Greene and Dallas led the counties of the central region, 
with Tuscaloosa and Montgomery close behind. The old 
county of Washington had fallen away into the rear, and the 
old capital, St. Stephens, was quite out of the race w4th the 



Educational Progress. 



153 



younger towns. The town of Mobile had little over three 
thousand inhabitants, but the coming of the steamboats was 
already quickening it into a new life. 

The proportion of whites and blacks had altered consider- 
ably, the blacks gaining. The total of slaves was now 
117,540. This was an increase of 147 per cent, in ten 
years. The increase of whites was but 97 per cent. The 
o]3ening up of fresh cotton lands was clearly the cause of 




SPRING HII>L COLLEGE. 

(From photograph, 1898.) 

this, for the increase of slaves was greatest in the ^^ black" 
counties. 

But the progress of a State cannot be judged by population 
alone. In 1830 two institutions were founded that showed 
progress of a different sort. These were the two first col- 
leges established in Alabama — St. Joseph^s College, at Spring 
Hill, and a Methodist Episcopal College, at LaGrange, in 
Xorthern Alabama. St. Joseph's College was founded l)y 
the Jesuit fatliers. Six years later it was chartered by tlie 
legislature and endowed with all the rights and privileges of 



154 HISTORY OF ALABAMA. 

a university. Its career has been honorable and useful, and 
some of its graduates have gained high distinction in the 
Church and in the learned professions. LaGrange College 
grew rapidly under its first president, Robert Paine. We 
shall have occasion to note its prosperity at a later period. 

Meantime the legislature had not been unmindful of the 
generous gift of Congress to establish a " seminary of 
learning.'' The lands had been wisely selected, and a con- 
siderable sum had been realized from sales and rents. In 
1821 an act was passed which provided that the ^'seminary" 
should be managed by thirteen trustees — the governor to be 
one, and two to be chosen from each judicial district by the 
legislature. This was the beginning of the University of 
Alabama. As we have seen, the funds were now partly 
invested in the stock of the bank. In 1827 it Avas voted that 
the site should be at Tuscaloosa, and the next year the trus- 
tees selected a level plateau a little more than one mile from 
the centre of the town. Here was built a rotunda, with 
Jefferson College on the east, Washington College on the 
west, a lyceum and students' hall, and residences for profes- 
sors. The buildings were ready for use early in 1831, and in 
April of that year Dr. Alva AVoods, a New England scholar 
and a graduate of Harvard, was inaugurated president. Three 
professors and one tutor were also appointed. Fifty-two 
students entered the first day, and the number rose to nearly 
a hundred during the term. The university began with good 
prospect of a useful career. No one saw the danger that 
threatened it from its connection with the affairs of the 
bank. The first trouble it encountered was disorderly be- 
havior among the students — due, no doubt, to the somewhat 
unsettled conditions prevailing in a new country, and not to 
any weakness in the officers. 

As yet there was no system of common schools. In Ala- 
bama, as was generally the case at that period throughout the 
younger States, and even in many of the older, the duty of 




BUFFALO, N.Y. 



156 HISTORY OF ALABA3IA. 

the government to prepare the young for citizenship was not 
clearly recognized. Here and there pay schools of good 
character were set up. But many of the schools of those 
times were of a sort which the more fortunate school children 
of to-day should be glad to have escaped. The methods of 
teaching were as barbarous as the punishments. In a school at 
Marion, now an educational centre, spelling was the principal 
study, and the pupils were required not merely to spell the 
lists of words but to commit them to memory. In teaching 
geography the master formed the children in line and 
marched around, beating the earth with a switch, and sing- 
ing the names of States, capitals, and rivers to some tune 
made up for the occasion. Such teachers naturally failed to 
inspire respect in the pupils or in the citizens, and were 
often treated roughly by both. 

In line with the establishment of colleges was the move- 
ment which began in Governor Gabriel Moore's time to de- 
vise a better plan of dealing with convicted criminals. In a 
letter to the governors of other States the governor of Ala- 
bama made a number of inquiries about the penitentiary 
system ; but nothing practical was accomplished for some 
years. 

The administration was chiefly marked by a change in the 
judiciar}^, which was accomplished by means of an amend- 
ment to the Constitution. In the Constitution itself pro- 
vision was made for changes. The General Assembly, by a 
two-thirds vote of each house, could propose an amendment 
to be voted on by the peojole at the next general election. If 
a majority of all the votes cast were in favor of the amend- 
ment it came before the Assembly chosen at the same elec- 
tion, and if it was then favored by two-thirds of each house 
it became part of the Constitution. 

In 1830 there was much feeling against the Supreme Court 
because it had enforced contracts for the payment of heavy 
interest on money loans. The legislature accordingly sub- 



Departure of tee Choc taws. 



157 



mitted to the people, and the people approved, an amend- 
ment limiting the term of office of tlie judges to six years. 
But it Avas provided that tlie judges then on tlie bencli, who 
had been chosen for unlimited terms, might remain in office 
until 1833. 

The year 1830 brought also the beginning of the end of 
the Indian question. By the treaty of Dancing Rabbit 
Creek, concluded in September, 1830, the Choctaws gave up 
all their lands east of the Mississippi, and a new home in the 
west was given to them, 
to which, after a few years, 
most of them went in 
peace. The lands in Ala- 
bama thus opened to white 
men are embraced in the 
present counties of Sum- 
ter, Choctaw, and Pickens. 

National questions were 
now beginning to take 
strong hold on the minds 
of the people of x\labama 
— particularly the question 
of protective tariffs. Ala- 
bama's representatives in 
the lower house of Con- 
gress steadily opposed the protective policy, and so did Sena- 
tors King and McKinley. Two of the three representatives 
who had been chosen in 1829 — Clement C. Clay and Dixon II. 
Lewis — were highly distinguished in later years. Lewis was 
remarkable not only for his ability but for great size of body ; 
lie was the largest man who ever sat in either house of Con- 
gress, and a chair had to be made specially for him. Senator 
King was winning a national reputation as a conscientious 
and accomplished statesman, lie was a strong supporter of 
President Jackson. 




SENATOR WILLIAM R. KING. 



158 HISTORY OF ALABA3IA. 

When Senator McKinley's term expired in 1831, the legis- 
lature chose Governor Moore to succeed him ; and the gov- 
ernor at once resigned to take the office. Samuel B. Moore, 
of Jackson, the President of the Senate, then became gover- 
nor. He served from February to November, 1831. He 
was a Tennesseean by birth, and had represented Jackson 
County in both houses of the legislature. 

Tlie year 1831 is notable as the year in which the first Ala- 
bama railroad was begun. This was the road from Tuscum- 
bia to Decatur. It was meant to overcome the obstacle to 
the navigation of the Tennessee presented by the Muscle 
Shoals, and the forty-four miles were finished in 1833 — a very 
early date in the history of railroads. It was not much like 




EAULY A5IERICAN RAILROAD TRAIN. 



the railroads of our times, for the cars were frequently drawn 
by horses, and ten miles an hour was considered fast time. 
]S[evertheless, the running of the first train attracted great 
crowds, who cheered with enthusiasm ; and of course we can 
see now that it was really a very imi^ortant event. It was 
the beginning of a change in methods of travel and transpor- 
tation that has made Alabama and the whole country very 
different from what they would be if the locomotive had 
never been invented. 

At the regular State election in 1831 there was a contest, for 
the first time in a number of years. The candidates for gover- 
nor were Samuel B. Moore, Nicholas Davis, of Limestone, 
and John Gayle, of Greene. One of the subjects discussed 
before the people was the question what the States tliat were 
opposed to protective tariffs should do if Congress held to 



The Doctrine of Nullification. 159 

that policy. In Soutli Carolina there was a strong party 
which believed that since the United States Constitution 
gave Congress no power to tax citizens in order to protect 
certain industries, tlierefore any State had a right to declare 
such laws null and void, and to release its people from the 
duty of obeying them. This was called the doctrine of 
nullification. 

Mr. Gayle was particularly outspoken in his opposition to 
this vieAV of the matter ; and the people of Alabama also 
opposed it. They elected him over his two competitors. At 
the election for representatives in Congress held earlier in 
the year Mr. Clay and Mr. Lewis were both successful, and 
Samuel AY. Mardis was chosen to be the third representative. 

Only one new county was created in this period. By act 
of January 20, 1830, the county of Lowndes was formed out 
of parts of Dallas, Montgomery, and Butler. It was named 
for William Lowndes, a South Carolina statesman of great 
promise, who liad died some years before. 

QUESTIONS. 

"What is said of Governor Gabriel Moore ? What was Ahibama's 
population in 1830, and what is said of its distribution ? Of the 
proportion of whites to blacks ? Mention the leadinf? counties. What 
two colleges were founded in 1830, and where ? Trace the history of 
the university up to the time of its opening. What is said of education 
in this period? What was the first amendment to the Constitution, and 
why made? How? What national question was interesting the people? 
What is said of the Alabama senators and representatives in Congress ? 
Who succeeded Governor Gabriel Moore ? What is said of the first rail- 
road ? What was the result of the elections in 1831? What county was 
created in this period, and for whom named ? 



CHAPTER XX. 



administrations' of governor gayle. 




GOVEKNOK JOHN GAYLE. 



Governor Gayle was re- 
elected without opposition in 
1833, and thus was in office four 
years. His administration was 
an important one, as it covered 
the period of the first trouble be- 
tween the State and the Federal 
government. He was born in 
South Carolina in 1 702, and was 
graduated at South Carolina Col- 
lege in 1813. Shortly afterwards 
he came to Mississippi Territory 
and settled at Claiborne, in Mon- 
roe County, where he practised law. He sat in the Legis- 
lative Council of Alabama Territory and served as solicitor 
in his district. AVhile a representative in the legislature of 
1822-23 he was chosen by the Assembly to be a justice of 
the Supreme Court. In 1828 he resigned from the bench. 
He then moved to Greene County, and was again sent to 
the legislature. He was chosen speaker of the house in 
1829. He was a man of tall and graceful person, of abilities 
quite above the average, and of a nature so sympathetic that 
liis administration was specially marked by a free use of 
the pardoning power. 

In his inaugural address the new governor condemned the 
South Carolina doctrine of nullilication. Alabama, as well 
as South Carolina, was opposed to the tariff, and the feeling 



Final Treaty with Creeks. loi 

of the people against it was frequently expressed at public 
meetings ; but as to nullification the legislature agreed 
with the governor. By a vote of forty-six to sixteen it de- 
clared that nullification was dangerous in practice, and that 
it tended to anarchy, civil discord, and finally to the break- 
ing up of the Union. In one of his messages the governor 
urged the people to plant themselves on this glorious Union, 
for on its preservation depended their liberties. It is all the 
more notable, therefore, that the governor and the legisla- 
ture were soon in an attitude of antagonism to the authori- 
ties at Washington. 

In one sense the Creeks were the cause of the trouble, as 
they had been the cause of other troubles. But the greedi- 
ness of land-grabbers, eager to seize the lands still occupied by 
the red men, was denounced by no one more severely than by 
Governor Gayle. Perhaps the least creditable chapter in the 
history of the whole country is the record of the white man's 
overreaching treatment of his red brother. What happened 
in Alabama was no worse than what happened elscAvhere ; 
indeed, the moderation of the State government and of lead- 
ing men had been unusual. But Governor Gayle wrote to 
the chiefs and head men of the Creeks that the State could 
not guard them against the tricks of dishonest men to obtain 
their lands. There were many whites in the Indian country 
before the final treaty was made ; and after that they poured 
in by thousands. 

The final treaty with the Creeks was arranged at Cusseta, 
but was signed at Washington, March 24, 1832, by Lewis 
Cass, secretary of war, for the United States, and by 
Opothleyoholo and six other chiefs for the Creeks. 

By this treaty the Creeks gave up all their lands east of 
the Mississippi in return for new lands in the west and a 
considerable sum of money. It was agreed, however, that 
any of the Indians who chose might remain as citizens, that 
the whites should be kept out of the ceded lands until a 
11 



162 History of alaba3ia. 

survey was made, and tliat even those whites already in the 
Indian country should be removed as soon as their crops 
were gathered. It was the attempt of the President of the 
United States to enforce these provisions that led to. trouble 
with the State government. 

The rush of whites into the ceded land began immediately, 
and on December 18, 1832, the legislature divided it out 
into the counties of Coosa, Benton (now Calhoun), Talla- 
dega, Tallapoosa, Eussell, Randolph, Chambers, Macon, and 
Barbour, extending over them the laws of the State. United 
States troops were placed under the orders of the deputy 
marshal for southern Alabama, and in August, 1833, while 
the soldiers were trying to carry out the terms of the treaty, a 
white settler named Hardeman Owens was killed. Excitement 
spread through the new counties, and in some degree through- 
out the State ; and Governor Gayle had a heated correspon- 
dence with Lewis Cass, the secretary of war. He also issued 
a quieting proclamation to the people of the new counties. 

In his letters to the secretary of war the governor con- 
tended that, as there was no longer an Indian claim to the 
lands, they were now part of Alabama and subject to its laws. 
He also said that the movement of the troops to expel the 
settlers would destroy the new counties, break, up the courts, 
and make it impossible to enforce the laws. The grand jury 
indicted for murder the soldiers concerned in the killing of 
Owens, and a warrant was issued for their arrest, but the 
United States officer at Fort Mitchell, where the soldiers 
were stationed, would not give them up. The whole affair 
was reported by the governor to the legislature in Novem- 
ber, and the legislature approved his course. The atten- 
tion of the country was drawn to the controversy, and the 
situation was quite serious. 

The Alabama senators and representatives in Congress set 
to work to bring about a compromise. They told President 
Jackson that great distress would follow any attempt of 



A SERIOUS MiSCniEF. 103 

the soldiers to drive out the settlers, and assured him that 
Governor Gayle had no desire to follow in the footsteps of 
the South Carolinians. A written address was also presented 
to tlie secretary of war, and at last the President sent Francis 
Scott Key (the author of ^'^The Star-spangled Banner^') to 
see Governor Gayle and come to an agreement witli him. 

Secretary Cass admitted the right of the civil autliorities 
to investigate the killing of Owens. Mr. Key informed the 
governor that the reservations allotted to the Indians would 
be laid off very shortly and that settlers who did not disturb 
these would be left alone. Governor (Jayle accepted this 
arrangement, and sent a message to the legislature announc- 
ing that •' the supremacy of the civil over the military author- 
ities" had been maintained. 

Thus the affair ended in a compromise ; but a serious mis- 
chief had been done. Up to this time the people of Ala- 
bama, although discontent about the tariff, had been for the 
most part earnest in their loyalty to the Union, and their re- 
spect for the government at Washington had been profound. 
But now they began to feel that they might have interests 
opposed to the powers as well as tlie policies of the Federal 
government. Nevertheless, they were still loyal to President 
Jackson. While the dispute about the Indian lands was 
going on. Senator Gabriel Moore, who was not a Jackson 
man, voted in the Senate against the confirmation of one of 
the President's appointments. For this the legislature of 
Alabama demanded his resignation, thus proving their good 
feeling towards the President. Senator Moore, however, 
would not resign, and he had some supporters in the State. 

The new counties attracted immigration, and some of them 
soon took rank with the older counties in population. Coosa, 
Talladega, and 1'allapoosa took their names from Indian 
sources. Benton was named for Senator Thomas H. Benton, 
of Missouri, Avho had served in tlie War of 1812-14 on Ala- 
bama soil. Russell was named for Colonel Gilbert C. Russell, 



164 HISTORY OF ALABAMA. 

a citizen of Mobile. Eandolpli was named in honor of the Vir- 
ginian statesman, Jolm Randolph, of Roanoke, Chambers 
was named for Henry Chambers, who died on his way to 
take his seat in the Senate at Washington. Macon and 
Barbonr commemorated in their names two distinguished 
public men — Nathaniel Macon, of North Carolina, and James 
Barbour, of Virginia. Another new county formed out of 
territory ceded by the Choctaws was named for Colonel 
Thomas Sumter, the famous South Carolina soldier. 

But though the lands of the Creeks were all organized into 
counties, and though the white population far outnumbered 
the red, the Creeks were not yet gone ; and before the end 
of Governor Gayle's administration they gave abundant signs 
that the old fighting spirit was not yet dead among them. 

Turning now to the older counties, we find that there were 
other important developments in this period. The bank was 
claiming a very large share of the people^s attention. By the 
year 1832 the demand for branch banks had grown so strong 
that the legislature yielded to it, and bonds were issued 
to establish branches at Montgomery, Decatur, and Mobile. 
Next year the capital of the Montgomery branch was greatly 
increased, and in 1835 another branch was set up at Hunts- 
ville. These extensions of the system caused an increase of 
nearly five millions in the bonded debt of the State. They 
added greatly to the power of the bank for good or evil ; 
and it was not long before the people began to fear the bank 
might some day fail to redeem its notes, which circulated as 
money. But the general feeling was a feverish desire for 
more and more money, no matter what sort of money it was. 

It was about this time, however, that the worst fault of the 
whole system began to appear plainly. The directors of the 
main bank and of the branches were all chosen by the legis- 
lature. They had control over the money of the bank, and 
could decide who should be allowed to borrow it. Therefore 
many people were eager to be elected directors, and members 



The Bank Trouble. 



1C5 



of the legislature Avere much sought after by candidates. 
Then members of the legislature began to demand favors of 
the directors for whom they voted. 

So it came about that the connection between the bank 
and the legislature brought scandal to both. In its early 
years the bank had been wisely and carefully managed ; but 




OLD EXECUTIVE MANSION. 
Home of the Governors while Tuscaloosa was the Capital. 



now many of its loans were made unwisely — in some cases 
recklessly. Of course, if the bank failed to collect its loans 
it would finally be unable to redeem its notes. 

Nevertheless, it was a time of such hopefulness and careless 
speculation that only a few men suspected what was coming. 
Some of the towns were growing rapidly. ^loliile was get- 
ting the benefit of the steamboat trade, and bade fair to 



166 HISTORY OF ALABA3IA. 

become an important ^oort. Wetumpka within two years 
from its founding had a population of 1,200. Xew fields were 
constantly added to the cotton-growing area, and the planters 
were investing their profits in land and slaves. The rude 
log cabin of the immigrant was giving place to the frame 
house of the small farmer or the mansion of the great planter. 
In 1834 the Montgomery Eailroad Company, afterwards 
known as the Western Railway of Alabama, was incorporated. 
A little later an engineer was appointed to survey the route 
of a railway from the mouth of Beaver Creek, on the Coosa, 
to the Wetumpka Falls. But about this time plank roads 
became the fashion, and for some years little progress was 
made in building railroads. It Avas about this time also that 
Daniel Pratt came from Georgia and set up a gin factory in 
Autauga County. This was the first important factory in 
the State, and it was the beginning of Prattville. 

In the institutions of the State the most important change 
of Governor Gayle's administration was in the constitution 
of the Supreme Court. Until 1832 the court was made up 
of all the circuit judges sitting together ; but in that year 
the legislature made it a separate body, composed of three 
justices chosen by the General Assembly. Thus the circuit 
judges Avere no longer judges of the Supreme Court, and so 
were left to discharge their own proper duties. At the elec- 
tion which folloAved Abner S. Lipscomb, John M. Taylor, and 
Reuben Saffold were chosen to the three seats, and Judge Lips- 
comb remained chief justice. But two years later he and 
Judge Taylor resigned,and Judge Saifold became chief justice. 

The increase of population had now entitled Alabama to a 
larger representation in Congress, and so in 1833 five mem- 
bers were chosen instead of three. One of the new members 
was Reuben Chapman, of Madison, who thus commenced a 
long and useful public career. All five were Democrats, and 
all were firm supporters of President Jackson, who the year 
before had again received the electoral vote of the State. 



A SIGX OF THE TIMES. 1G7 

Senator Gabriel Moore was thus (juite alone in the Alabama 
delegation at AVashington in his opposition to the 'President. 

At the election in 1835 live Jackson Democrats were 
chosen. Among them were Joshna L. Martin and Francis 
S. Lyon, of whom we shall hear again. At the same election 
the candidates for governor were Enoch Parsons, of Monroe, 
and Jndge Clement C. Clay, of Madison. Judge Clay was 
elected by a large majority. 

But before we leave Governor Gayle^s administration one 
more of its incidents must be mentioned. It was an incident 
of no great importance in itself, but very important indeed 
as a sign of the times. In September, 1835, the grand jury 
of Tuscaloosa County indicted Robert G. Williams, of Xew 
York, for sending into the county printed matter of a nature 
to incite slaves to insurrection. Governor Gayle Avrote to 
Governor Marcy, of New York, demanding that Williams be 
sent to Tuscaloosa for trial ; but Governor Marcy, taking the 
ground that Williams was not in Alabama when the offence 
was committed, and so could not be said to have fled from 
justice, refused to give him up. 

This was the first word Alabama spoke in a long and mo- 
mentous controversy, in which, as we shall see, she took a 
leading part in later years. 

QUESTIONS. 

Tell wliat you know about Governor Gayle. What was the position of 
the governor and the legislature on the question of nullification ? 
What is said of the land-grabbers ? Give the provisions of the final 
treaty with the Creeks. What was done witli the territory thus ac- 
quired ? Point out the new counties on the map, and tell how each 
got its name. What happened when the President tried to enforce the 
treaty ? How was the matter finally arranged ? What bad effect did 
the incident have? What events in connection with the bank occurred in 
this period ? What fault in the system began to appear ? What is said 
of the general condition of the State ? Describe the changes in the Su- 
preme Court ill this administration. What was the result of the State 
election in 1835 ? Relate the incident about Robert G. Williams. 



CHAPTER XXI. 



ADMIN"ISTRATIONS OF G0VER:N^0RS CLAY AND McVAY. 



^^vv<vw(«»i»il|'^ 




GOVERNOR CLEMENT C. CLAY. 



GovERK"OR Clay was born in 
Virginia, but he was educated in 
Tennessee and practised law at 
Knoxville until he moved to Hunts- 
ville in 1817. Before he became 
a judge he represented Madison 
County in the Territorial legisla- 
ture and in the Constitutional 
Convention. He resigned from 
the bench and was afterwards 
speaker of the House of Represen- 
tatives, and from 1829 to 1832 he 
was in Congress. In his bearing and character he was a good 
example of the ruling class in the cotton States. For many 
years his home in northern Alabama represented what was 
most graceful and pleasing in southern life. 

The chief interest of his administration pertains to the 
Indians and the bank. 

A number of the Creeks had been all along bitterly opposed 
to the sale of their lands. They were hostile to the whites, 
and before their departure for the west their hostility broke 
into flame. Towards the end of Governor Gayle's adminis- 
tration several outrages had been committed by Indians 
on settlers, and in the following winter alarming rumors 
began to spread. There was no such horror as the mas- 
sacre at Fort Mims, but here and there a single white man 
was murdered, or a settler's cabin was burned and his family 



Battle of Pea River. ig9 

cruelly slain. Small parties of Red Sticks were prowling in 
the woods, and travel was unsafe. Former Governor Gilmer, 
of Georgia, while returning from a visit to western Alabama, 
found every sign of terror among the people who had moved 
into the newly acquired lands. The terror became so great 
that settlers hastily left their lands and took refuge in 
Columbus, Georgia, and other towns. 

The United States secretary of war called on Governor 
Clay for a force of militia, and the call was promptly obeyed. 
This was in March, 183G. The troops went to the a2:)pointed 
place in Autauga County and waited for arms and accoutre- 
ments, which had been promised by the United States au- 
thorities. But no arms came, and the men were allowed 
to disperse. Later on, however, a large force was collected 
at Tuskegee, where Major-General Jesup, of the United 
States army, was in command. The hostile Indians were 
attacked wherever found, and many were captured and sent 
in irons to the west ; but no battle of importance took 
place on Alabama soil. Governor Clay himself went to 
Montgomery, where he had a talk with Opothleyoholo and 
other chiefs, who promised him their assistance. At the end 
of the summer General Jesup retired from the scene, declar- 
ing the danger at an end. 

But the trouble was not really over. In the autumn, when 
the bulk of the Creeks had been removed, the flame broke 
out anew among the few who remained, and Governor Clay 
was once more compelled to collect a force of volunteers. 
The governor, however, fell ill, and General AVilliam AVell- 
born took the command and proceeded to make a vigorous 
campaign against the Indians. But it Avas difficult to find 
any large number of them together, and it was not until the 
spring of 1837 that a decisive battle was fought. It is 
known as the battle of Pea River, and was the last import- 
ant fight between white men and Indians on the soil of Ala- 
bama. It occurred in the fork of Pea River and Pea Creek, 



170 History of alabaiia. 

on the edge of Barbour County, near the Pike County 
line. 

Here, with a force of two hundred and ten mounted men. 
General Wellborn met a party of Creeks numbering several 
hundreds. The Creeks fought with their old-time bravery, 
and seventy-three of their warriors were found dead on the 
field after the whites had won. The dead were left where 
they lay, so embittered were the conquerors by the cruelties 
of Indian warfare. Many of the Eed Sticks were driven 
into Florida ; others were captured and sent away to the 
west. 

And now came the end of the Indian question in Alabama. 
All but a few of the Creeks departed for their new lands in 
the west. The stronger race had driven out the weaker ; but 
none of us who now possess the ancient home of the Mus- 
cogees can fail to respect the courage with Avhicli they bat- 
tled against their fate. 

Only the Cherokees remained, and the final treaty for 
their removal was already concluded. It was dated Decem- 
ber 29, 1835, and its provisions resembled those of the 
final treaty with the Creeks. New homes in the west and a 
large sum of money were given to the Cherokees, and in 
return they gave up all their lands east of the Mississippi. 
But among them also, as among the Creeks, there was a 
strong party that opposed the treaty, and threatened to 
make trouble. However, a large force of volunteers was 
assembled, including some fifteen hundred Alabamians, and 
the Cherokees were removed in 1838 without an outbreak. 
There were left in Alabama only a few scattered families of 
Indians, who for many years used to loeddle bows and arrows 
and blow-guns to the children of their conquerors. 

In 183G the territory in Alabama which was secured 
through the final treaty with the Cherokees was organized 
into three counties, which were called DeKalb, Clierokee, 
and Marshall. Cherokee was named for the tribe, DeKalb 



FLUSH TIMES AND HARD TIMES. 171 

for the brave Baron DeKalb, who was killed at the battle of 
Camden in the llevolutionary AVar, and Marshall for the 
great chief justice of the United States, John Alarshall. In 
forming Marshall portions were taken from the older coun- 
ties of Jackson and Blount. 

The troubk^ with the Creeks was not the only occasion for 
military activity among Alabamians during this administra- 
tion. Several companies from Alabama volunteered to tiglit 
against the Seminoles in Florida ; and others went to help 
the people of Texas, who were struggling to free themselves 
'from the rule of Mexico. Of the latter, a number perished 
in the infamous massacre of Goliad. 

But interesting as are the military events of Governor 
Clay's administration, the things that had most to do with 
the welfare of the people were of a different sort. The most 
important event of the period had to do with money and 
business, not with fighting ; for in the years 183(3 and 1837 
there was a crisis in the atfairs of the greatest institution m 
the State— the bank. The first of these years marked the 
height of what have been called the '^fiush times" of Ala- 
bama ; and in the second came the end of ''' fiush times '' and 
the beginning of very hard times. The most notable law of 
183G wis the act repealing all taxes in the State and com- 
mitting the government to the bank for support. The very 
next year the State had to incur a huge debt to save the bank 

from ruin. 

One cause of the trouble was that the management of the 
bank and its branches had been getting worse and worse as 
the power of the directors increased. By issuing bonds in 
183G to the extent of several millions the legislature again 
increased the capital of the branches at lluntsville, Mont- 
gomery, and Mobile. Speculation grew wilder and wilder, 
and the pressure for loans stronger. Scandals about the rela- 
tions of the bank directors with members of the legislature 
were in the air. Thoughtful people came to distrust the whole 



172 



HISTORY OF A LAB All A. 



system and began to suspect that disaster was approaching. 
Then came the great general financial panic of 1837, follow- 
ing a i^eriod of prolonged speculation throughout the coun- 
try. The Alabama bank quickly went to the wall, for many 
of its loans could not be collected. In June, 1837, the legis- 
lature came to its help with a bond issue of five millions ; in 
December a second issue of two and one-half millions was 




BIARION FEMALE SEMINARY. 



found necessary. Distress was widespread, and all classes 
suffered ; but of course the poor suffered most. For years 
the bank had been making it too easy to borrow money ; 
now it was almost impossible to borrow, for those who had 
money were afraid to lend. 

The panic and the distress of the bank had for a while a 
depressing influence on industry of all sorts ; but up to the 
time of the crisis the i)rogress of the State had been rapid. 
There had been a continuous increase in the cultivated area. 



HlOnER EDUCATION OF W03IEN. 



173 



and much road-building and town-building. ^lobile, espe- 
cially, had been very prosperous. In 1837 the value of real 
estate in that city was estimated at about twenty-seven 
million dollars ; but it was many years before such a figure 
was reached again. 

In other important interests there had also been progress. 
A very notable step had been taken in the direction of the 
higher education of women. As early as the year 1833 the 
Presbyterians set up in Tuscaloosa a boarding-school for 
girls ; it was incorporated as '^ The Alabama Female Insti- 
tute/^ and was authorized to 
carry on a lottery to obtain 
money. Public opinion had not 
yet condemned the lottery sys- 
tem. The Alabama Female In- 
stitute was a famous school in 
its day. It existed until 1870. 
In 183G two other boarding- 
schools for girls were established 
— '' The Alabama Athenaeum/' 
at Tuscaloosa, and ^'The Marion 
Female Seminary/' at Marion. 
The Athenaeum came to an end 
in 1845, but the Seminary still 

exists. It was founded by citizens of Marion of various relig- 
ious creeds. It is remarkable that these institutions arose in 
Alabama at a time when little thought was given to the edu- 
cation of women even in the older Eastern States. 

During this administration there were no less than tliree 
changes in the important office of chief justice of the 
Supreme Court. On the resignation of Judge Saffold, in 
183G, Judge Henry Hitchcock became chief justice. The 
next year, however, he resigned, and his place was taken by 
Judge Arthur F. Hopkins. But Judge Hopkins's term of 
service was even shorter, for he retired in June of the same 




JUDGE HENRY UITCHCOCK. 



174 



History of Alabama. 



year. His successor, Judge Henry W. Collier, held the office 
a dozen years with much credit to himself and to the court. 
In State politics there were no striking events during 
Governor Clay's term of office, though there was much 
activity. The second administration of President Andrew 

Jackson came to a close in 
1837, and by that time the 
men who opposed his policies 
were fully organized into a 
separate party, which was 
called the AVhig party. The 
Whigs favored a strong gov- 
ernment at Washington, a 
national bank, and protective 
tariffs. Their great leader 
was Henry Clay, and in 1836 
their candidate for President 
was General AYilliam Henry 
Harrison. The Alabama legis- 
lature nominated Hugh L. White, of Tennessee ; but Vice- 
President Van Buren was nominated by a convention at 
Baltimore as the Democratic candidate, and he was elected. 
The electoral votes of Alabama were cast for Van Buren, but 
the AVhigs had begun to have some strength in the State. 
About this time there were also in Alabama a number of able 
men who favored a stronger stand for the reserved rights of 
the States than the regular Democratic party was willing to 
take. These were called '' States Rights men," and Dixon 
H. Lewis, who liad now great influence in Congress, was 
regarded as their leader. At the Congressional election in 
1837 the five representatives chosen were all Democrats. The 
only new name in the list was that of Joab Lawler, of the 
Tuscaloosa district. Chapman, Lewis, Martin, and Lyon 
were all reelected, and they were men of more than ordinary 
ability. 




JUDGE ARTHUR F. HOPKINS. 



GOVERNOR HUGH MCVAY. 



175 



In June, 18o7, the legislature chose (ioveriior Clay to suc- 
ceed Gabriel ]\[oore in the United States Senate. Governor 
Clay accepted tlie office, and 
Hugh McVay, of Lauderdale, 
})resident of the State Senate, 
became governor of Alabama, 
and held the place until a new 
governor was elected. He was 
a South Carolinian by birth, 
but came to Madison County 
when it was part of Mississippi 
Territory. He served in the 
legislatures of Mississippi and 
Alabama Territories, as well 
as in the State legislature of 
Alabama, so that he had great 
experience. He was a plain 

man, much respected for his integrity and for his just views 
of public questions ; but the shortness of his term as gov- 
ernor — only four months — gave him little opportunity to 
distinguish himself in that office. 

At the regular State election in 1837 the candidates for 
governor were Arthur Pendleton Bagby, of Monroe, and 
Samnel W. Oliver, of Conecuh. Mr. Bagby was the Demo- 
cratic candidate ; Mr. Oliver was not exactl}^ a Whig, nor 
yet a Democrat. In our day he would probably be called an 
Independent. Mr. Bagby was elected. 




GOVERNOK UUGH McVAY. 



When the Creeks were leaving, one of their chiefs, Eufaula, passed 
through Tuscaloosa, and was invited to address the legislature. There 
are many famous Indian speeches, but it is doubtful if any of tiiem excel 
iu dignity and sim[)le pathos this farewell of the Muscogee chief. Ilis 
words were translated and taken down at llie time. '* I come, brothers," 
lie said, "to see the great house of Alal)ania and the men thai make the 
laws, and say farewell in brotlierly kindness before I go to the far West, 
where my people are now going. I did think, at one time, that the 



176 HISTORY OF ALABAMA. 

white men wanted to oppress my people and drive them from their 
homes by compelling them to obey laws they did not understand ; but I 
have now become satisfied that they are not unfriendly towards us, but 
tliat tliey wish us well. In these lands of Alabama, which have belonged 
to my forefathers, and where their bones lie buried, I see that the Indian 
fires are going out — they must soon be extinguished. New fires are 
lighting in the West, and we will go there. I do not believe that our 
great father, the President, intends to harm the red men, but wishes 
them well. . . . We leave behind our good will to the people of 
Alabama, who build tlie great houses, and to the men who make the 
laws. This is all I have to say. I came to say farewell to the wise men 
who make the laws, and to wish them peace and happiness in the country 
which my forefathers owned, and which I now leave to go to other homes 
in the West. I leave the graves of my fathers — but the Indian fires are 
going out, almost clean gone — and new fires are lighting there for us." 

QUESTIONS. 

What is said of Governor Clay ? Tell of the trouble with the Creeks. 
What measures were taken ? Describe the battle of Pea River. What 
is said of the removal of the Cherokees ? What counties were formed 
out of the Cherokee cession, and for whom were they named ? In what 
other wars were citizens of Alabama engaged during this administration ? 
What was the condition of the bank in 183G ? In 1837 ? What causes 
of the bank's troubles are mentioned ? What was the general condition 
of the State in 1836 ? What institutions of learning were founded in 
183G ? Mention the changes in the Supreme Court in this period. 
What is said of the political parties of this time ? How did the Con- 
gressional elections in 1837 result ? The Senatorial election ? What is 
said of Governor McVay ? What was the result of the State election 
in 1837 ? 



CHAPTER XXII. 



ADMIN^ISTRATIOIn' of GOVERls^OR BAGBY. 




GOV. ARTHUR P. BAGBY. 



Governor Bagby was born in Vir- 
ginia in 1796, and came to Alabama 
while it was a Territory. He sat for 
Monroe several times in the House of 
Representatives and was several times 
cliosen speaker. In national politics 
he was a supporter of President Jack- 
son against nullification. Striking in 
appearance, stately and graceful in 
bearing, and generous to a fault, he 
was a popular and successful governor, 
and was reelected in 1830, so that he 
held the office four years. 
They Avere troublesome years. The Indian question, it is 
true, disappeared with the departure of the Cherokees in 
1838, but the money question was still to be dealt with. The 
planters and farmers were in debt to the bank, and wanted to 
renew their loans ; the bank was trying to collect its loans so 
as to get gold and silver to pay its own notes. The bonds 
issued by the State had been sold and the money used to pay 
the bank's notes, but there were hundreds of thousands of 
notes still unpaid. The State's efforts merely relieved dis- 
tress ; they did not cure the evil of the system. Many plans 
were proposed in the legislature, for it was felt that there was 
something radically wrong about the institution on which 
the State was now depending for its revenues. But all that 
was done at this session was to provide for a Board of Con- 
12 



178 HISTORY OF ALABAMA. 

trol consisting of three persons appointed by the governor 
with full power to examine the bank and its branches. 
When the time came to elect directors there were evidences 
of the corrupt influences brought to bear on members of 
the legislature. 

The people had lost faith in the bank, and they were still 
suffering from the results of the panic. The price of cotton 
was low and money scarce. The farmers began to complain 
of the commission merchants and warehousemen at Mobile, 
and in the session of 1838 the legislature passed a bill jH'ovid- 
ing for a State warehouse ; but in the end the people found 
that the merchants and warehousemen were not to blame, and 
the scheme was given up. Governor Bagby in his annual 
message pointed out the faults of the bank system and 
recommended stringent laws to prevent directors from prof- 
iting unduly by their offices. The legislature adopted his 
recommendations. 

But the hard times continued, and in 1839 there was an- 
other panic. The distress was heightened by a drought that 
stopped navigation on the rivers, and there was an epidemic 
of yellow fever at Mobile. The governor's message to the 
legislature this year was still stronger against the bank's 
methods. 

But in the spring of 1841 the State was startled by the dis- 
covery of an extensive scheme, in which many prominent men 
were mixed up, to defraud the bank by false bills of exchange 
recommended by members of the legislature. The discovery 
prevented the mischief ; but before Governor Bagby went out 
of office it was clear that the bank was a failure. The people 
had once been proud of it ; they were now ashamed of it. 
We shall see how manfully they went about the task of cor- 
recting the mistake that had been made. 

It is pleasant to turn from the affairs of the bank to other 
events of this administration. Three of these events were of 
lasting importance — the establishment of chancery courts, the 



Census of mo. iTO 

adoption of a penitentiary system^ and the settlement of the 
old dispute with Georgia over the boundary line. 

Governor McVay had strongly recommended the peniten- 
tiary system^ but the bill was not passed until the session of 
1838-30. Benjamin F. Porter, of Tuscaloosa, the author of 
the measure, was a humane man, and his name is connected 
with much wise legislation. Wetumpka was selected as the 
site of the penitentiary, and the buildings were erected at 
once. The adoption of the system put an end to various rude 
methods of punishment which had prevailed up to th^it time. 
The three judges of the Supreme Court were authorized to 
prepare a new penal code. 

The State was now divided into two divisions of six 
chancery circuits, and two chancellors were elected by the 
legislature. AVithin a few years, however, the number of 
circuits was increased and an additional chancellor elected. 

The boundary line run by the Georgia commissioners in 
1826 had never been accepted by Alabama, and the dispute 
was still open on the question of the '^'' great bend" in the 
Chattahoochee, and the identity of '" Uchee '' Creek. Cor- 
respondence resulted in the appointment of another commis- 
sion, on which Alabama was represented by three commis- 
sioners. The dispute finally led to the adoption of the 
present line. 

Notwithstanding the distress following the panic of 1837, 
the cens-us of 1840 showed a very large gain in population. 
The total was 590,750; whites, 335,185, and blacks, 255,571. 
The percentage of increase had been greater among the blacks 
than among the whites. The number of counties liad grown 
to forty-nine. The cotton crop, which in 1830 was less than 
100,000 bales, was now nearly 450,000. 

The chief improvements in transportation were on the 
rivers, several of which were now important highways of 
commerce. The steamboats were liandsome vessels, and 
Mobile had ^Drofited by the development of river trade. The 



180 HISTORY OF ALABAMA. 

early eagerness for building railroads had died out, and the 
plank roads were not a success. Governor Bagby, in his 
message of 1839, admitted that the State was not making 
satisfactory progress in the matter of transportation, and he 
added: '' I avail myself of this occasion to express my decided 
and clear preference for the opening and improving the navi- 
gation of our rivers over every other description of internal 
improvement/' At the next session of the legislature the 
committee on internal improvements reported a plan for a 
water route which sliould connect northern and southern 
Alabama ; but nothing came of it. 

In the field of education the notable events of Governor 
Bagby's administration were the inauguration of a new presi- 
dent of the University and tlie establishment of another 
college for girls at Marion. President Alva AVoods retired 
in 1837, and the Rev. Basil Manley, D.D., of Charleston, 
8. C, took his i^lace. Dr. Manley became very popular, and 
some important additions to the teaching staff were soon 
made. Among the new professors was Professor F. A. P. 
Barnard, who in later years was president of Columbia Col- 
lege in New York. 

The Judson Pemale Institute, founded at Marion in 1839, 
was and still is a Baptist institution. Its first president was 
Milo P. Jewett, who many years afterwards was placed at the 
head of Vassar College. 

An effort was also made during this administration to 
organize a good system of public ^hools. Daniel P. Bestor, 
of Greene, ' a member of the legislature in the session of 
1837-38, labored long and earnestly in this movement. He 
considered the cause of his failure to be that the attention 
of the people was entirely taken up with the affairs of the 
bank. He said that in canvassing for his school bill among 
the members of the legislature lie was sometimes met with 
the reply : 

^' I don't know anything about your bill, but I have a 



The Whigs Gaining Strength. 



181 



friend tluit I want elected bank director, and if you will vote 
for him, I will vote for your bill.'^ 

In fact the bank question, or ratlier the money question, 
affected nearly everything during these years. There was a 
national m6ney question as well as a State money question, 
and in politics these two questions were uppermost. Presi- 
dent Jackson killed the national bank, and his successor. 




JUDSON FEMALE INSTITUTE. 



President Tan Buren, proposed a new plan of a sub-treasury 
in which the government should keep its funds. 

In Alabama there was much difference of opinion on 
this i)roposal. The Whigs were against it and the Demo- 
crats as a rule favored it. The State-Rights men also favored 
it, and as a result they were brought into closer union with the 
Democrats. In general, however, the Whigs were gaining 
strength in the State. In 1838 they elected a congressman 
in the Tuscaloosa district to succeed Congressman Lawler, 



182 



History of Alabama. 



who had died, and in 1839, at the regular election, they 
carried the Mobile district also, electing James Dellet, a very 
able man. 

This left the Democrats only three of the five representa- 
tives from Alabama, and they looked about for some plan to 
get back their former strength. They hit upon the idea of 
electing the five congressmen on a general ticket for the 
whole State instead of electing one in each district. A 
bill to make this the system of election was introduced at the 

session of 1840, but the 
Whigs, wlio were now quite 
strong in the legislature, 
made a bitter fio-ht asrainst 
it. One of their leaders was 
a young orator named Henry 
W. Hilliard, who was to play 
an important part in the 
political history of the State. 
The bill became a law, but 
with a provision that the 
people should be allowed to 
vote at the next election on 
the question whether the 
new system should be per- 
manent or not. The result 
was very curious. The Democrats elected all five of their 
candidates on the general ticket in 18-41, but at the same 
time tjie majority of the votes of the people was against the 
Democratic plan of a general ticket, and therefore it was 
repealed. This incident is very interesting, for the idea of 
submitting particular laws to a popular vote, though often 
discussed in America, has seldom been tried. One of the 
new congressmen chosen was George S. Houston, of Lime- 
stone. 

In the presidential election of 1810 the AVhigs made a great 




HENKT W. HILLIARD. 



A FA3I0US Campaign. 183 

fight in Alabama. Tlieir candidate was General AVilliam 
Henry Harrison, a popular hero, and the Democratic candi- 
date was President Van Buren, who had lost some of his 
popularity by reason of the hard times. It was a famous 
campaign. There was much stump speaking, and barbecues 
were the order of the day. The Whig emblem was a log 
cabin, and log cabins were to be seen everywhere. Alal)uma 
went for Van Buren by a small majority, but General Harri- 
son was elected. The Democrats at this time were strong 
chiefly in the '^ white counties ^^ of northern Alabama ; the 
main strength of the Whigs was in the cotton counties, 
where the greater planters lived. 

In the State election of 1841 also the AVhigs made a con- 
test. Their candidate for governor was Colonel James AV. 
McClung, of Madison, an accomplished gentleman who had 
been several times speaker of the House of Eepresentatives. 
The Democrats nominated Benjamin Fitzpatrick, of Autauga. 
Fitzpatrick was successful by a good majority. 

QUESTIONS. 

Tell what you know of Governor Bagby. What was the great question 
of his administration? What did the legislature do about the bank in 
1837? What was the feeling among the farmers? What discovery 
about the bank was made in 1841? Tell what you know about the estab- 
lishment of the [)enitentiary system. About the chancery system. 
About the Georgia boundary. Tell about the census of 1840. What 
progress had been made in transportation? What two events in the field 
of education happened in this period? Wliy did the public-schools bill 
fail? What were the main questions in politics at this time? What 
progress was made by the Whigs? Describe the "general ticket" plan 
and tell what came of it. Describe the campaign of 1840; the State 
election of 1841. 



CHAPTER XXIII. 



ADMIN'ISTRATIOI^ OF GOVERIS'OR FITZPATRICK. 




GOV. BEN.J. FITZPATRICK. 



GOVERN'OR FITZPATRICK WaS 

born in Georgia in 1800. He 
came to Alabama in 1819, and 
settled first at Montgomery. 
He served as solicitor for his cir- 
cuit, and acquired fortune and 
reputation as a lawyer. He was 
reelected governor in 1843 and 
served until 1845. His adminis- 
tration covered an important pe- 
riod in the financial history of 
the State. In all the stations 
he occupied he was distinguished 
by sound judgment, solid ability, and purity of character. 
One source of his influence lay in his family connections, 
for by marriage he was related to the Elmore family, which 
was powerful in South Carolina, in Alabama, and in other 
States, and with Dixon H. Lewis, at that time the most 
influential of the Alabama congressmen. 

He Avas a good man to have at the head of the government 
while it was dealing with the question then uppermost in the 
minds of the people — what to do with the State bank and its 
branches. The legislature took up the subject at the session 
immediately following his inauguration, and a joint committee 
of both houses was appointed to investigate the charges of 
fraud. An examination of documents and witnesses seems to 
have proved the existence of a conspiracy ; but all the facts 



Report on the Bank. 185 

can never be publicly known, for the committee never fin- 
ished its work. The Senate suddenly recalled its members, 
and then the members representing the house tendered their 
resignations. The house members, however, reported ^^the 
existence of a disgraceful league to plunder the banks and 
swindle the people of the State," and they hinted pretty 
clearly that ^''men high in office, members of the legislature 
and bank directors," were connected with it. The testimony 
taken by the committee was bound in a volume, entrusted to 
the secretary of state under a seal of secrecy, and has never 
been published. 

It was left to the next legislature to take final action in 
the matter, and in choosing that body the people kept in 
mind the important work it would have to do. An unusu- 
ally good legislature was elected. Governor Fitzpatrick 
called to his aid two famous lawyers, Henry Goldthwaite and 
John A. Campbell, and consulted with them as to the best 
course to take. Mr. Campbell accepted an election to the 
lower house, and was made chairman of the committee on 
the bank and its branches, and the governor in his message 
of 18-i2 referred the subject to the two houses for decisive 
action. The report of Mr. Campbell's committee, one of the 
ablest State papers ever written in Alabama, outlined a plan 
to be adopted. 

By this time the bank^s notes, which were used as money 
in Alabama, had fallen much below their face value because 
the banks could not redeem them in gold and silver. The 
committee said : 

" The citizen, in all his engagements that look to the 
future, experiences painful anxiety and distrust. He does 
not know what alterations may take place in the standard to 
which he now refers in his contracts. He has seen that 
property [money], the possession of which it was supposed 
would command every other, the most uncertain, unstable, 
and fluctuating in value of any." 



186 HISTORY OF ALABAMA. 

Under these conditions, the committee pointed out, the lot 
of the poorer, the laboring, men Avas especially hard, because 
while the uncertainty lasted the rich would not invest their 
money and give employment to labor. The committee then 
took up the case of each of the branch banks in turn, and 
made such a showing against them that all four were denied 
the privilege of making further loans or borrowing more 
funds, and provision was made for settling all their accounts. 
As the phrase is, they were put in liquidation. 

Then, for the first time in years, laws were passed to obtain 
by taxation the money needed for the expenses of the gov- 
ernment ; for it was seen that the bank could no longer pro- 
vide revenues for the State. The people bore the new bur- 
den almost without a murmur. To relieve those persons in 
the new counties who were buying government lands. Con- 
gress was asked to pass a law making the bank money good 
for payments on their purchases, the State also agreeing to 
receive in this form the sums coming to it for purposes of 
education and internal improvements. Congressman Reu- 
ben Chapman strongly advocated the measure at Washing- 
ton, and all the members from Alabama supported it. It 
became a law and gave much relief. 

The next year the head bank at Tuscaloosa was put in 
liquidation, and that meant the end of the State banking 
business for Alabama. As the bank^s notes were redeemed, 
they were burned, and the plates on which the bills had been 
printed were cut to pieces. Then, as the number of bank 
notes in circulation began to diminish, they rose in value 
and finally reached par. Governor Fitzpatrick zealously 
and carefully supervised the work of winding up the system. 
The doubtful debts due to the bank were placed in the 
hands of attorneys for collection. The interest on the State 
debt was promptly paid whenever due. 

The behavior of the people at this time must be a source 
of pride to their descendants. They had lost much through 



Notable Step in Education, 187 

the failure of the bank, and had suffered all the ills that 
flow from bad hiAVs about money ; but there was no outbreak 
against the bank directors and others who had misled them. 
They saw that the fault was in the system itself — in l)ad 
money, in money controlled by law and loaned out by men 
subject to political influence. Knowing that money had 
been too plentiful, they saw why it had lost value. Xow 
that it was scarce, they made a brave effort to adjust their 
business to the new conditions, and very soon they began to 
succeed. Business began to grow from a firmer basis, and 
men took heart to work. Several cotton factories were built. 
The project of a railroad to run east from Montgomery into 
Georgia was again talked about. An agricultural conven- 
tion at Montgomery expressed the opinion that the farmers 
should diversify their crops, as too much cotton was being 
grown. It was soon found that a good and stable currency 
was taking the place of the old bank money. Private banks 
Avere established on a solid basis, and the confidence of the 
people in their management was not disturbed by political in- 
fluences. 

A notable step in education was taken in lS-i4, when the 
Baptists set up a college for men at Marion, the third semi- 
nary of learning to be established at that place. It was 
called Howard College for a famous philanthropist of that 
name. Its buildings were twice destroyed by fire. After 
nearly half a century of usefulness at Marion, it was removed 
in 1888 to East Lake, in Jefferson County. Its former build- 
ings at Marion are now occupied by IMarion Military Institute. 

Apart from the bank, the legislature in this period dealt 
with several other subjects of importance. Two of them 
were changes in the Constitution. 

Ever since 1810 there had been an election for members of 
the legislature on the first Monday of August in each year. 
The representatives lield office for terms of only one year, and 
each year a portion of the Senate was also renewed. About 



188 



HISTORY OF ALABAMA. 



1840 the feeling in favor of biennial instead of annual elec- 
tions grew strong. The matter was discussed in several 
legislatures, and at last, in 1845, an amendment to effect the 
necessary change in the Constitution was passed, and it was 
submitted to the people at the general election in August 
of that year. 

It was at the same general election that an opportunity 




OLD HOME OF HOWARD COLLEGE AT MARION. 

Now occupied by 
Marion Military Institute. 



was given to the people to vote on another amendment. 
The Constitution had provided that the legislature elected 
in 1826 should choose a permanent seat of government, and 
that there should be no further change. The legislature 
now proposed an amendment repealing this clause of the Con- 
stitution so that the seat of government might be removed 
from Tuscaloosa. 



New Congressional Districts. 189 

The struggle between the two great parties in the State 
during this administration was almost as interesting as the 
discussion about the bank. As we have seen, the people voted 
against the general ticket plan of electing congressmen, so 
the legislature had to repeal it. But the legislature which 
met in 1842 had another plan to strengthen the Democrats 
in the congressional elections. Owing to the increase in 
population, the State was now entitled to seven congressmen, 
and it was necessary to lay out the districts ane\v. The main 
strength of the Whigs was in the cotton-growing counties in 
the central and southern parts of the State, the cotton 
belt, where there were large plantations and many slaves. 
Hitherto, in dividing the State into congressional districts, 
not only the white population had been reckoned, but three- 
fifths of the slaves also, that being the basis of representation 
named in the United States Constitution in the clause appor- 
tioning congressmen among the several States. It was now 
proposed, however, to lay out the districts on the basis of 
white population only. This, of course, would help the 
Democrats, who were strong in the white counties. Both 
houses favored the proposition, but in each the Whig mi- 
nority voted against it. 

In the election of 1843 only one Whig — Mr. Dellet, of the 
Mobile district — succeeded. His opponent was Judge Henry 
Goldthwaite, who resigned from the Supreme Court to make 
the contest. Both were able men, and the canvass is one of 
the most famous political battles in the history of the State. 
The other six congressmen chosen were all Democrats. One 
of them was James E. Belser, who made a strong congress- 
man ; another was Felix G. McConnell, a man who became 
famous for his rough-and-ready wit. 

In 1845 the Montgomery district was carried by the 
Whigs, wlio elected their leading orator, Henry W. Hilliard. 
This district was a close one, and so it became a battle-ground 
for the two parties, and many stories are told of the great 



190 HISTORY OF ALABA3IA. 

oratorical contests which took place there. It was the 
fashion in those days for the opposing candidates to discuss 
public questions in joint debate. Mr. Hilliard excelled in such 
contests, but about this time the Democrats of a neighbor- 
ing district brought forward as their candidate for Congress 
a young man of thirty, already distinguished for oratory, and 
destined to attain tlie highest eminence in that noble art. 
His nomination for Congress was the last of a series of im- 
portant political events, which were as follows.: 

In 18-42 Senator C. C. Clay resigned, and the legislature 
chose (xovernor Bagby to take his place. In IS-l-l Senator 
King gave up the seat he had held so many years and was 
appointed United States Minister to France. Dixon H. 
Lewis, the leader of the State-Rights Democrats in Alabama, 
became a candidate for the vacant place, and the legislature 
elected him by a good majority over Arthur F. Hopkins, 
the candidate of the Whigs, and perhaps the ablest of the 
AVhig leaders. Mr. Lewises seat in the lower house was thus 
left vacant, and it was to this seat that William Lowndes 
Yance}', the young orator of the Democrats, was now elected. 
He was reelected in 1845. 

The presidential election of 1844 was specially interesting 
to Alabama because Henry Clay, the Whig candidate, had 
visited the State a few months before, and his coming 
roused the Whigs to much enthusiasm ; but the Democrats 
were successful, and the electoral vote of Alabama was cast 
for the Democratic candidate, James K. Polk, of Tennessee, 
who was elected. 

However, when the time came to choose a successor to 
Governor Fitzpatrick, the Democrats got into trouble, and 
the trouble was due to an old source — the bank. By this 
time it was clear that the bank and its branches could pay 
back only a part of tlie money which the State had given 
into their keeping, and that in consequence the State was 
going to be burdened with a debt. The people did not shrink 



First Democratic Defeat. 191 

from the burden. On the contniry, when a resolution in 
favor of meeting every obligation thus incurred was introduced 
in the House of Representatives in 18-44, it passed by a vote 
of lUO to 0. Nevertheless, the people were angry with the 
bank and disposed to distrust everybody connected with it. 

The Democratic convention of 1845 was thinly attended ; 
a boat-load of delegates from Mobile and other river towns 
had not arrived when the candidate for governor was named. 
The nominee was Xathaniel Terry, of Limestone. He had 
served many years in the legislature, and had been four 
times president of the Senate ; but he had been an active 
bank man, and it was known that he owed the bank money. 
True, nothing improper appeared in his relations with the 
institution ; but the people did not take kindly to him as a 
candidate. Democrats in various counties protested, and 
they finally induced Chancellor Joshua L. Martin, of Tusca- 
loosa, a life-long Democrat, to risk his fate as an independent 
candidate for governor. The Whigs made no nomination, 
but doubtless most of them voted for Martin. After an 
exciting campaign he was elected by 5,000 majority. The 
old-line Democrats would not accept him as their leader, 
and so this may be accounted the first defeat the Democratic 
party ever got in Alabama. 

QUESTIONS. 

What is said of Governor Fitzpatriek ? What did the legishiture of 
1841-42 do about the bank ? What steps did Governor Fitzpatiick 
take to secure legislation ? Tell what you know of Mr. CanipbelTs 
report and the laws passed in pursuance of it. What was clone about 
raising revenue for the government ? What is said of industry at this 
time, and of the general condition of the State ? What new college was 
founded ? What constitutional amendments were submitted to the 
people in 1845 ? Tell about the question of the "white basis." What 
was the result of the congressional elections in 1843 ? Wh;it is said of 
the Montgomery district ? Of i\Ir. Hilliard ? Of Mi-. Yancey? Wliat 
changes occurred among Alabama's senators in this administration ? 
Tell about the State election of 1845. 



CHAPTER XXIV. 



ADMINISTRATION OF GOVERNOR MARTIN. 




GOVERNOR JOSHUA L. MARTIN. 



Governor Martin was born in 
Tennessee in 1799, and came to 
Alabama in 1819. He was in the 
public service many years, as a 
member of the legislature, as a so- 
licitor, as a circuit judge, and as a 
chancellor. In the legislature he 
was among the first to j)oint out 
the faults of the bank, and as gov- 
ernor his chief desire was to rid 
the State honorably of the system. 
He was a clear-headed man, and 
was firmly bent on taking the only course that would uphold 
the credit of Alabama. The people seem to have been 
behind him, though some of the politicians opposed him. 

Almost immediately after his inauguration in 1845 the new 
governor sent to the legislature a strong and simple message, 
recommending decisive action about the bank. By this 
time, as he pointed out, it was clear that over six millions of 
debts due to the bank were hopelessly ^^bad ;'" and he said 
that tlie only thing to do now was to collect as many as pos- 
sible of those that were good, and, with the money received, 
reduce the debt the State had incurred in building up the 
system. He recommended that no more directors or other 
officers be elected for the bank and its branches, but that 
the work of collection be turned over to commissioners, and 
that a single agent be placed in charge of each branch. 



A3IEND3IENTS TO THE CONSTITUTION 



193 



His recommendation was adopted. The three commission- 
ers first chosen were Francis S. Lyon, Benjamin Fitzpatrick, 
and William Cooper. Mr. Fitzpatrick, however, declined to 
serve, and Clement C. Clay, another former governor, was 
put in his place. It was soon evident that the commissioners 
were wisely chosen, for they made good progress in their 
work. 

As we have seen, there were two other important cpiestions 




From photograph. 



OLD CAPITOL, TUSCALOOSA, 
Now Alabama Central Female College. 



before the people in the election which brought Governor 
Martin into office. These were the amendment to the Con- 
stitution making the State elections take place once every 
two years, and the amendment providing that the seat of 
government might be removed. A majority of the people 
voted in favor of both amendments, and they were carried. 
And so 1840 Avas the first year in the history of the State, 
since elections began to be held, in which there was no open- 
13 



194 HISTORY OF ALABAMA. 

ing of the polls in Alabama ; and the same year Tuscaloosa 
was deprived of its distinction as the seat of government. 

But Tuscaloosa did not give up the prize without a strug- 
gle. After the legislature had ratified the two amendments, 
it had still to choose a capital, and Tuscaloosa was among 
the foremost of the towns that contended for the honor, 
and for some time she held first place in the balloting in the 
legislature. The strongest claims against her were made by 
Wetumpka and Montgomery ; but Selma, Mobile, Marion, 
Huntsville, and Statesville were also advocated. At last the 
supporters of AVetumpka yielded to the superior attractions 
of Montgomery. Then a combination was made, and on the 
sixteenth ballot Montgomery won. The final voting was on 
January 26, 1846. But the actual removal did not take 
place until near the end of 1847, when the. archives were 
transferred to the new capitol, built near the bank of the 
Alabama, on an eminence called Goat Hill. Montgomery at 
this time was a promising town, hardly a city in size, but 
surrounded by a rich agricultural region. One short rail- 
road was as yet the only sign that it was to become a railroad 
centre ; but it profited by the steamboat trade on the Ala- 
bama, and already it was notable as the home of some very 
able men. 

Owing to the amendment making State elections biennial, 
the year 1846 was a quiet one for the State politicians ; never- 
theless, it was a year marked by events of importance for 
Alabama. In 1846 the Mexican war began, and the people 
of Alabama took a great interest in the struggle. A large 
number of Alabamians volunteered, and some of them went 
to the front, but only one Alabama regiment was received 
into the United States service. Governor Martin, ever watch- 
ful of the reputation of the State, exerted himself to raise its 
quota of troops, going, perhaps, beyond the limits of his 
autliority. 

Alabamians were interested in the Mexican war not only 



The Slavery Question. 195 

because some of tlieni were engaged in it, but because it was 
connected with a great national question*that had to do with 
the rights of Southern States in the Union. Now that the 
bank was destroyed, this subject was getting the first place 
in the minds of the people. Alabama, as we know, had not 
sympathized with South Carolina when she declared a tariff 
law null and void, and Congress had given up the policy of 
protective tariffs, so that there was no longer any trouble on 
that score. The trouble now was about the slaves. 

There were negro slaves in all of the colonies which became 
the original thirteen States. When the Constitution of the 
United States was adopted, certain men were opposed to 
slaver}^ some on economic grounds, and some on moral 
grounds. However, the Constitution permitted the slave 
trade to continue for twenty years. 

Tliere were slaves in the North as well as in the South, 
but not so many. The climate and the industries there were 
not suited to slave labor, and as time passed one Northern 
State after another abolished slavery. In the South, where 
agriculture was the main industry, where plantations were 
large, where the crops could be raised with unskilled labor, 
slaves were more profitably employed. So the number of 
slaves increased. 

The first serious trouble over slavery occurred just about 
the time Alabama was admitted to the Union. The Terri- 
tory of Missouri was created out of the Louisiana purchase, 
in which slavery had existed, but many Northern congress- 
men objected to admitting the State with slavery. After a 
long wrangle in Congress, a compromise was finally made. 
Missouri was admitted as a slave State, but slavery was 
prohibited in other States that might be formed out of that 
portion of the Louisiana purchase lying north of the line 
which formed the southern boundary of Missouri. At this 
time there was talk of secession in the South, but the people 
generally accepted the compromise in good faith. 



196 HISTORY OF ALABA3IA. 

England had set the example of buying the slaves in her 
colonies and setting them free, and many prominent men be- 
gan to urge that it was our duty to follow a similar course. 
There was talk in Virginia about freeing the slaves ; and 
Alabama, as we know, went so far at one time as to forbid 
any one to bring slaves into the State for sale or hire. As 
slavery gradually disappeared in the Northern • States, many 
people there were hoping that it would disappear in the 
Southern States also, but, under the Constitution, they had 
no authority to interfere. At first, only a few talked of 
interfering, and they did so at great risk to themselves. 
They were mobbed in some places, and their leader, William 
Lloyd Garrison, was once in danger of his life in Boston. 
But they kept on declaring that the North, as well as the 
South, was responsible for slavery, and that if the Constitu- 
tion and the Union protected the system, then it was right to 
destroy them both. After a while, a great orator, Wendell 
Phillips, took up their cause ; and such poets as Longfellow, 
Bryant, Lowell, and Emerson wrote verses in their behalf. 
They were called '' abolitionists,^^ because they wished to 
abolish slavery. They helped slaves to escape, and kept 
sending petitions to Congress on the subject. At last they 
began to appear in politics under party names. James Gr. 
Birney, who had once been a slaveholder in northern Ala- 
bama, but had freed his slaves, was twice their candidate 
for President. 

In 1846 it was seen that much new territory would be ac- 
quired from Mexico, and Texas had already come in as a 
slave State. So there arose over the territory to be acquired 
from Mexico just such a controversy as had arisen over the 
Louisiana purchase. 

It was about this time that Mr. Yancey began his public 
speaking on the subject in Alabama, The people crowded 
to hear him Avherever he spoke, for he was a wonderful orator. 
Gradually he took the first place among those leaders who 



Politics ix the Forties. 197 

held the advanced Southern view of the Territorial contro- 
versy. This view was that since all the States were equal 
under the Constitution, every citizen had the right to go 
into the Territories with his property, and that Congress 
must protect property in slaves there, as well as every other 
sort of property. 

Meantime, there were plenty of politicians struggling over 
lesser affairs, particularly the offices. Governor Gayle was 
elected to Congress as a Whig in the Mobile district in 1847. 
In the other districts the Democrats were successful. One 
of their congressmen was Franklin W. Bowdon, who was by 
many considered the equal of Yancey and Hilliard in oratory. 

When the time came to choose Grovernor Martin's successor, 
the Whigs nominated Nicholas Davis, of Limestone. He 
was a gentleman of much experience in public affairs, and a 
fine representative of the large planters of the State. The 
Democrats nominated Congressman Reuben Chapman, of 
Madison. Governor Martin had meant to run again, but 
he retired in order to prevent a Whig victory. Chapman was 
elected by a majority of over six thousand in a total vote of 
nearly fifty-five thousand. 

Politics played such a large part in the lives of Alabamians in the 
forties that any account of those times must be full of details of elections. 
Stump-speaking was popular, and candidates debated public questions 
before the people, who gathered in great crowds to hear them. Campaign 
barbecues sometimes lasted for days. Many anecdotes of the period have 
come down to us. In these, three prominent figures are Judge E. S. 
Dargan, General Felix McConnell, and Judge Samuel F. Rice. 

Dargan, a penniless youth, ivalked from North Carolina to Alabama. 
He was careless of appearances and by no means handsome. On the way, 
a ferryman made fun of him and his journey. In a flash of anger Dar- 
gan exclaimed: " You will yet live to see me chief justice of Alabama; " 
and such, in fact, he became. But the best-known story about him is 
that once he went on circuit with a half-dozen shirts and returnr(l with 
his travelling bag empty. lie and his wife were both amazed to find 
that he had put the whole half dozen on his back, one after another, 
until he wore them all at once. It is said that he always appeared sleepy 



198 HISTORY OF ALABAMA. 

and disgusted except when his really fine intellect was aroused in a legal 
or political discussion. 

General McConnell was beaten by Samuel F. E-ice when he ran for a 
renomination after his first term. McConnell then went before the peo- 
ple as an independent candidate, and he and Rice had a debate all over 
the district. It was a memorable contest, for both were men of much 
mother wit, very ready before the people, and quite fearless. McConnell 
won. Meeting Mr, Rice soon after the election, he offered his hand and 
said: "Well, Mr. Rice, the election is over ; the people of the bloody 
seventh have decided that, as between you and me, they would take me 
as the less of the two evils. Now, when I get to Washington and tell 
the people there, who know what manner of man I am, the principle on 
which the people selected me over you, what do you suppose they will 
think of you ? " 

Mr. Rice was famous as a wit, a lawyer, and a judge. In his time he 
belonged to half a dozen parties, but his friends never doubted his sin- 
cerity. He was unfortunate in politics, and never got to Congress. 

QUESTIONS. 

Tell what you know of Governor Martin. What plan did he recom- 
mend about the bank? Who were. appointed to carry it out? What 
change was made about elections? Tell about the contest over the seat 
of government. Tell of the Mexican war, and Alabama's share in it. 
What question was now uppermost in national affairs? What is said 
of the feeling about slavery? Of the Missouri Compromise? Of the 
abolitionists? Of Mr. Yancey? What was the result of the congressional 
elections in 1847? Of the State election? 




CHAPTER XXV. 

ADMINISTRATION^ OF GOVERNOR CHAPMAX. 

Governor Chapman was born in 
Virginia in 1802, and came to Ala- 
bama in 1824. He served one term 
in tlie State Senate, and was in Con- 
gress from 1835 until his election as 
governor. His administration was 
largely concerned with the winding 
up of the bank's affairs ; and in care- 
ful guardianship of the State's Unan- 
cial interests he proved himself a 
worthy successor to Governor ^Mar- 
GovERNOK R. CHAPMAN. ^.^^_ jj^ pGrformcd thc dutics of his 

office with high ability strengthened by long experience in 
public affairs. 

The bank commissioners this year gave such a clear and 
satisfactory account of the work they had been doing that 
the legislature formally recognized their services. The final 
step in the affairs of the bank was taken in 184T by an act 
making Francis Strother Lyon sole commissioner and trustee, 
with power to deal with all debtors. From this time every- 
thing relating to the bank was left in his hands. In dis- 
charging the duties imposed upon him he rendered perhaps 
the most valuable financial service the State has ever received, 
and left the debt incurred through the bank as small as it 
could honorably be made. 

With this change in the commission, Clement C. Clay 
finished his long career in the public service, thougli h(^ lived 



200 History of Alabama. 

many years afterwards. The bank had now ceased to have 
any important place among the subjects before the people, 
and the legislature turned to other questions. 

A new county was formed out of AVashington and S.um- 
ter, and was named Choctaw, in honor of the tribe of Indians 
that had always been such good friends to the white men. 
Its county seat, Butler, was named for a gallant officer. 
Colonel Pierce M. Butler, who was killed in 18-47 at the 
battle of Cherubusco in the Mexican war. 

The desire for railroad building revived. A capitalist from 
Xew York, who visited Montgomery in the interest of a pro- 
posed railroad to the Pacific through the territory newly ac- 
quired from Mexico, was invited to deliver a public address 
iri the Representatives' Hall. Two ncAV railroads were char- 
tered in 1848, the Mobile and Ohio, and the Selma, Rome, 
and Dalton, but it was some years before much progress was 
made with either enterprise. The legislature devoted a good 
deal of time to the consideration of such topics. In addition, 
it established a system of taxes to pay the expenses and to 
maintain the good name of the State. 

The government at this time fully committed itself to the 
duty of paying the interest on the various trust funds that 
had been sunk in the bank and its branches, particularly the 
University Fund and the ^*^ sixteenth section '"^ fund given by 
Congress to support public schools. The State pledged itself 
to pay the interest on this latter fund to the trustees of the 
various townships, by whom it was expended. 

An exciting contest for a seat in the United States Senate 
attracted much attention. The Democratic candidates before 
the Assembly were AVilliam R. King, now returned from his 
foreign mission, and Dixon 11. Lewis, who wished to retain 
the office. They were the two Alabamians who had won 
widest fame in national politics, and each had warm sup- 
porters. The Whig candidate was Arthur F. Hopkins, of 
Mobile, a man of unusual abilitv who would doubtless have 



Slavery in the Territories. 201 

enjoyed many public honors if he had not faithfully adhered 
to a party which was in a minority in the State. Eighteen 
ballots were needed to decide the contest, and the result was 
the first and only defeat Senator King ever met. Mr. Lewis 
was regarded as the more pronounced State-Rights man of 
the two, and his election showed the drift of public opinion 
at that time. Mr. Yancey was among his supporters. The 
feeling of the legislature on national questions was further 
indicated by great receptions to two of the victorious generals 
of the Mexican war — General Shields and General Quitman 
— who visited Montgomery during the session. 

The war was now over ; but it left a great question still to be 
settled. The United States by the treaty of peace got much 
new territory from Mexico. The question was whether or not 
slavery should exist in this new territory. That brought 
on a discussion of the whole slavery question, and from this 
time Alabama and Alabamians had an important part in the 
contest. 

Naturally, the South rejoiced over the territories acquired 
from Mexico. Slave labor employed in agriculture wastes 
land very rapidly, and the planters were constantly opening 
up new fields. Such new fields the Mexican cession would 
furnish, and it was pleasing to Southerners for economic as 
well as political reasons. But the great majority of Northern 
congressmen were opposed to slavery in the new Territories ; 
many who were not willing to interfere with it in the States 
where it already existed desired to see it confined to those 
States. The abolitionists wished Congress to prohibit slavery 
outright in the Territories. The moderate men wished to 
compromise by leaving the matter to the inhabitants of the 
Territories themselves, acting through the Territorial legisla- 
tures. This plan became known as the doctrine of " Squatter 
Sovereignty." 

The position of the extreme Southern Rights party was 
indicated by Mr. Calhoun and other leaders in Congress, and 



202 HISTORY OF ALABA3IA, 

by Southern newspapers. The first time, however, that it was 
formally set forth by any convention was at the Democratic 
State Convention held at Montgomery in 1848. The leader 
of the Southern Rights men in the convention was Mr. 
Yancey, and from this time he remained their foremost man, 
for Senator Lewis died that year. Mr. Yancey went to the 
convention with a jolatform in his pocket, and such was the 
effect of his eloquence, and such the temper of the people, 
that he got the convention to adopt it without changing a 
word. It became famous as the '^^ Alabama Platform.'^ The 
most important resolution was to the effect that neither 
Congress nor the Territorial legislature had any right to pro- 
hibit slavery in the Territories, but that, on the contrary, it 
was the duty of Congress to protect property in slaves just 
like any other property. This is important as the first formal 
resolution stating the view of the matter which more and 
more Southern men were beginning to hold. 

The Alabama convention sent Mr. Yancey and other dele- 
gates to the National Democratic Convention with instruc- 
tions to support no man for President who would not accept 
this view. However, the National Convention nominated 
for President Lewis Cass, of Michigan, a man who was 
supposed to hold the '^ Squatter Sovereignty '' doctrine. Mr. 
Yancey withdrew from the convention and refused to support 
the candidate ; but only one other delegate took this course. 

When Mr. Yancey came home, the majority of the party 
also refused to follow him, and he held aloof durinof the 
campaign. The AVhig candidate. General Zachary Taylor, 
was a Southerner and a slaveholder, and many State-Rights 
men preferred him to Cass. As a result, the Whigs came 
within a thousand votes of winning the election in Alabama 
— the nearest they ever came to carrying the State. General 
Taylor was elected, and for a time there was a lull in the ex- 
citement. But Mr. Yancey and a few others never changed 
their views. 



JUDICIARY AMEND3IENT. 203 

The place in the United States Senate left vacant by the 
death of Senator Lewis was filled by the appointment of 
Benjamin Fitzpatrick. This action of Governor Chapman^s 
was unpopular in some quarters, and in the end seriously af- 
fected his own career. The same year, William R. King was 
elected to succeed Senator Bagby, and in 1840 Jere Clemens, 
of Madison, a brilliant young man who had won distinction 
in the Mexican war, was chosen to fill the place to which 
Mr. Fitzpatrick had been temporarily appointed. The Con- 
gressional elections of 18-49 brouglit no change of great im- 
portance. The Whigs retained their hold on two districts 
and the Democrats carried the other five. 

The remainder of Governor Chapman's term was chiefly 
notable for an amendment relating to the judiciary, which 
was submitted to the people in 1849. Hitherto, the judges 
of the circuit and county courts, like those of the Supreme 
Court, had been chosen by the legislature. It was now pro- 
posed to have them elected by the people, and at the same 
time the county courts were called ^"^ probate courts '^ — the 
term by which they have since been known. The people 
favored the amendment, and the next legislature ratified it. 

Governor Chapman's term expired in 1849. It was the 
custom of the Democrats in Alabama to give a governor who 
had served two years a nomination for a second term without 
a convention. Governor Chapman could easily have got a 
renomination in this way, but he saw that opposition to him 
had arisen in the party, and the retirement of Governor Mar- 
tin after two years seemed to some to have broken the pre- 
cedent of a second term. Governor Chapman therefore 
asked that a convention be called. 

This was done. A majority for Chajiman appeared on 
the first ballot, but in Democratic conventions a two-thirds 
majority is necessary to nominate, and this could not be 
obtained for him. AVhen he fell below a majority vote his 
name was withdrawn. The candidates then before the con- 



204 



History of Alabama. 




JUDGE GEORGE W. STONE. 



vention were John Erwin, of Greene ; John A. Winston, of 
Sumter ; Judge Stone, of Lowndes ; and Chief Justice Col- 
lier, of Tuscaloosa. After two days of balloting, Judge 
Collier was nominated, and at the election he was chosen 

without opposition. But at the same 
time the Whigs carried the State Sen- 
ate. The lower house and the two 
houses on joint ballot were, how- 
ever, Democratic. 

Before the day came for the in- 
auguration of Governor Collier, a 
startling event occurred. On De- 
cember 14, while both houses were 
in session, fire was discovered in the 
new capitol, over the Representa- 
tives^ Hall. The Senate quickly ad- 
journed and the House broke up. 
The flames spread rapidly. Most 
of the archives were saved, but the library was almost 
totally destroyed. In a fcAv hours the State was without a 
capitol, and almost immediately talk of another change in 
the seat of government began to be heard. 

The follo\Ying is an abstract from the Alabama platform of 1848, on 
the subject of protecting slave property in the Territories : 

^^ Resolved, That tlie treaty of cession should contain a clause securing 
an entry into those Territories to all citizens of the United States, to- 
gether with their property of every description, and that the same should 
remain protected by the United States while the Territories are under 
its authority. 

' ' Resolved, That the opinion advanced or maintained by some, that 
the people of a Territory acquired by the common toil, suffering, 
blood and treasure of the people of all the States, can, in other event 
than the forming of a State Constitution preparatory to admittance 
as a State into the Union, lawfully or constitutionally prevent any 
citizen of any such States from removing to or settling in such 
Territory with his property, be it slave property or other, is a restric- 



ALABA3IA PLATF0R2I FLEDGE. 'ZO^ 

tion as indefensible in principle as if such restriction were imposed by 
Congress. 

''Resolved, That this Convention pledge itself to the country, and the 
members pledge themselves to each other, under no political necessity 
whatever to support for the olTices of President and Vice-President of 
the United States, any persons who shall not be openly and unequivocally 
opposed to either of the forms of excluding slavery from the Territories 
of the United States, mentioned in these resolutions, as being alike -in 
violation of the Constitution, and of the just and equal rights of the citi- 
zens of the slaveholding States." 

QUESTIONS. 

"What is said of Governor Chapman? What was the final step in set- 
tling the affairs of the bank, and who was entrusted with the work? 
Mention some of the other subjects discussed by the legislature of 1849- 
50. What was done about the trust funds? Describe the King- Lewis 
contest. Explain how the Mexican war brought up the slavery question. 
What was the plan of the extreme anti-slavery men ? What was meant 
by Squatter Sovereignty ? What became of Senator Lewis, and who suc- 
ceeded him as a State-Rights leader? What was the '* Alabama plat- 
form''? Describe the presidential election of 1848. What changes 
were made in Alabama's representation in the United States Senate? 
How did the congressional elections of 1849 result? W^hat constitu- 
tional amendment was submitted to the people in 1849? Tell about the 
nomination and election of a governor in 1849. What misfortune 
occurred in December, 1849? 



CHAPTER XXVI. 



ADMINISTRATION OF GOVERNOR COLLIER. 




GOVERNOR HENRY W. COLLIER. 



Henry W. Collier was born in 
Virginia in 1801. He was educated 
in Xorth Carolina and in Tennes- 
see^, whence lie came to Alabama 
and settled in Huntsville, but he 
afterwards moved to Tuscaloosa. In 
1827 he was in the legislature, and 
the next year he was chosen a cir- 
cuit judge. From 1837 to the time 
of his nomination for governor he 
was chief justice, and in that office 
he won a high reputation as a jurist. 
As governor he was distinguished by 
fairness, moderation, and good sense. 

The first thing the legislature had to do after the inaugu- 
ration of Governor Collier was to provide a home for the 
State government, and this was the chief business of the ses- 
sion. An attempt at a third removal was made, but it failed, 
and it was finally voted to build again on Goat Hill. The 
new capitol was built in two years, and was ready for use 
when the session of 1851 began. 

It is probable that it was only the discussion over the 
rebuilding of the capitol that prevented the legislature of 
1849 from establishing one of the most creditable institu- 
tions the State now possesses. During the winter of 1849-50, 
Miss Dorothea L. Dix, a philanthropic woman of New York, 
visited Alabama. She had devoted herself to the help of the 



STATE HOSPITAL FOR INSANE. 



207 



insane, and she came to urge upon tlie legislature a duty too 
long neglected. Bills to establish a State hospital for insane 
persons were introduced into both houses, but did not pass. 
At the next session the measure was passed, and Tuscaloosa 




StA-t' 



xfQ 



anTpO-tTierj 



From a i)hotog:raph, 

was selected as the site, but the hospital was not opened for 
patients until 1861. Since that time it has been greatly en- 
larged. For many years it was under the care of Dr. Peter 
Bryce, a man of national reputation, whose name is now a 
part of its official title. The legislature of 1819 reelected 
William R. King to the office of United States senator. 



208 



History of Alabama. 



The census of 1850 showed a population of 771,623. The 
whites Avere 426,514 ; the slaves, 334,844 ; and the rest were 
free negroes. The same year a new county was formed out 
of a portion of Walker, and named for the Massachusetts 
patriot, John Hancock ; but some years later the name was 
changed to Winston, in honor of a governor of Alabama. 

Some industrial progress was made during the administra- 
tion. In 1850 there were twelve cotton mills in the State. 
At the close of the year 1851, about thirty-three miles of the 
Mobile and Ohio Railroad had been completed, making, with 

the forty-four of the old Tuscum- 
bia and Decatur and the eighty- 
eight of the Montgomery and 
Western, a total of one hundred and 
sixty-five miles. The organization 
of the Mobile and Girard, chartered 
in 1846, was perfected in 1849, but 
little progress had been made. The 
people, however, were getting inter- 
ested in the subject of railroads, and 
it was not long, as we shall see, 
before they got almost as much 
excited over them as they had once 
been over banks. 
With the final report and the resignation of Commissioner 
Lyon in 1853 we reach a point where we may at last dismiss 
the State bank entirely. The report showed that the State's 
bonded debt, which was nearly nine and a quarter millions 
when the bank was placed in liquidation, had been reduced, 
chiefly through the excellent management of the commis- 
sioner, to a little more than three and one-half millions ; while 
the notes of the bank still outstanding w^ere freely received 
at par. The legislature passed resolutions of thanks to Mr. 
Lyon. John Whiting, who was chosen to succeed him, dis- 
charged the remaining duties of the office in a creditable way. 




JUDGE EDWARD S. DARGAN. 



C0MPR02IISE OF ISoO. 



209 



During this administration some changes occured in the 
Supreme Court. The learned Judge Edward S. Dargan 
succeeded to the post of chief justice left vacant by Gover- 
nor Collier's resignation. In 1851 the number of judges was 
increased to five, and the next year Chief Justice Dargan 
resigned and Judge William P. Chilton was made the head 
of the court. 

But for a time nothing in the affairs of the State itself was 
sufficient to draw the attention of 
the people from the great national 
question of the day. 

The politicians in 1850 were hotly 
debating a series of measures which 
passed the Congress at Washington 
that year, and which were known 
collectively as the Compromise of 
1850. These measures were devised 
by the great Wliig leader, Henry 
Clay, to settle the trouble that had 
arisen between the North and the 
South, chiefly over the Territories 
acquired from Mexico. The North 

desired to see slavery prohibited in this region ; Southern 
men claimed the right to carry their slaves into it. The 
Compromise had three main features : 1. The people of the 
Territories of Xew Mexico and Utah were to decide the 
slavery question for themselves when they were ready to 
come into the Union as States. 2. California was admitted 
to the Union as a free State. 3. A ncAV law was passed to 
compel Northern people to return fugitive slaves to their 
masters. Clay, who proposed the compromise, was the 
leader of the Whigs, but a majority of the Democratic con- 
gressmen voted for it, and some Southern Whigs opposed it. 

While Congress was discussing the compromise, the excite- 
ment in Alabama, as in other Southern States, was intense. 
14 




/ ^ /'■ 



JUDGE WILLIA5I P. CHILTON. 



210 History of a lab aha. 

A Southern convention, held at Nashville, in which Alabama 
was represented, stated the Southern claims in a somewhat 
moderate form and then adjourned, with a view to a second 
meeting if the final action of Congress should prove unfavor- 
able ; but there was no second meeting. 

The people in Alabama who, like Mr. Yancey, opposed the 
compromise, organized as a separate party. They were 
called the Southern Eights Party. They took the ground 
that the rights of the Southern States had been disregarded 
in the matter of the protection of slave property in the Ter- 
ritories. They began to question the value of the Union. 
They held a State convention at Montgomery, and in 1851 
they nominated candidates in all the congressional districts. 
On the other side were the '' Conservatives'^ or ''Union '' 
men, who received the support of the main body of the 
AVhigs, and Mr. Hilliard became their foremost advocate. 
Governor Collier was reckoned a Conservative. The result 
was that the Southern Rights men, who were also called 
disunionists, succeeded in electing two congressmen, John 
Bragg and Sampson W. Harris, while the Conservatives won in 
the other five districts, and Governor Collier was elected with 
little opposition. The new men who appeared in Congress 
as the result of the Conservative victory were Judge William 
R. Smith, Alexander White, and James Abercrombie, who 
won in a most exciting contest in the Montgomery district. 
Abercrombie and White had been identified with the Whisrs ; 
the others, Conservatives and Southern Eights men, were all 
Democrats. 

The people of Alabama had again refused to follow Mr. 
Yancey, but he did not change his mind as to the best course 
for the South to take. The election showed that Alabama 
accepted the Compromise, and this seemed to be the de- 
cision of the whole country, for the next year, in the 
presidential contest, both the Whigs and the Democrats 
announced that they would stand by it. The Democrats 



A TIME OF HOPEFULNESS. 



211 



chose Franklin Pierce, of New Hampshire, as tlieir candidate 
for President, and for Vice-President they named William 
Rufus King, of Alabama. The ticket was elected, and the 
Whigs never recovered from their defeat. But the accom- 
plished Alabama statesman did not live to occupy the high 
station to which he had been chosen, lie took the oath of 
office in Cuba, wliither he had gone to restore his broken 
health, but his strength barely enabled him to reach his home 
in Dallas County, where he died in April, 1853. Eulogies 
l)ronounced in Congress show that lie was lield in high 
esteem by men of all parties and 
sections. 

To fill his place in the Senate, 
Governor Collier appointed Benja- 
min Fitzpatrick, and later the leg- 
islature elected him. It was in this 
year also that Clement C. Clay, 
Jr., of Madison, a Democrat and a 
son of the earlier senator of the 
same name, was elected to succeed 
Senator Clemens. Senators Clay 
and Fitzpatrick were kept at AVash- 
ington until the end of the fifties. 

The last year of Governor Col- 
lier's administration was a time of hopefulness. Many 
thought that the compromise measures would make an 
end of the sectional troubles that had excited the country 
and endangered the Union. Mr. Yancey found few to 
agree with him in his gloomy view of the situation. The 
people turned their attention to industrial enterprises, and 
the legislature chosen in 1853 was fully in sympathy with 
the popular feeling. A strong impulse developed in favor 
of State aid to railroads, and for a time this took the place 
of the great national questions as a subject for popular 
discussion. The temperance question also excited consid- 




CLEMENT C. CLAY, JR. 



212 HISTORY OF ALABA3IA. 

erable interest, and a convention which met at Selma 
adopted a bill in favor of prohibition, and asked the leg- 
islature to pass it. In the congressional elections the 
Democrats, united once more, carried every district except 
one, the Montgomery district, which again returned Mr. 
Abercrombie. In the State election (1853) they carried 
both houses of the legislature, the Senate for the first time 
since 1847, and their candidate for governor, John Anthony 
Winston, was elected without opposition. The Whigs as a 
separate party now practically disappeared. 

When Vice-President King died, he had been in the ])ublic service 
almost continuously for more than forty years. In 1810 he was chosen 
to represent a North Carolina district in Congress ; and we liave seen how 
repeatedly the people of Alabama, after he had made his home among 
them, honored him by electing him to the Federal Senate. In 1850, 
when Vice-President Fillmore succeeded President Taylor, Mr. King was 
made president of the Senate, and was thus, even before his own election 
as Vice-President, only one step from the presidency. No other Ala- 
bamian has ever occupied so high a public station. 

Mr. King was a very fine representative of the old-time Southern 
statesmen. He was polished in manner, thoughtful, modest, courteous, 
of good judgment, having the courage of his convictions, but respecting 
the convictions of others. 

QUESTIONS. 

What is said of Governor Collier? What was done in the matter of 
the capitol? Give an account of the hospital for the insane. Give, in 
round numbers, the census returns of 1850. What new county was 
formed, and for whom was it named ? What is said of the industrial 
progress in this period? What did Commissioner Lyon's final report 
show about the banks and the State debt? Mention the changes in the 
Supreme Court in this period. Tell of the Compromise of 1850 ; of the 
Southern Rights Party ; of the election of 1851. Tell of the presidential 
election of 1852. Of William R. King. What changes were made in 
Alabama's representatiou in the Senate of the United States? What 
questions arose in the last year of Governor Collier's administration? 
What was the result of the congressional elections in 1853? Of the State 
election ? 



CHAPTER XXVII. 



ADMINISTRATIOX OF GOVERNOR WINSTON. 




GOVERNOR JOHN A. WINSTON. 



Governor Winston was the first 
native of Alabama ever chosen to 
be chief magistrate of the State. 
He was born in Madison County in 
1812^ but in his early manhood set- 
tled in Sumter as a planter. His 
public services had been confined to 
the legislature, but his firm char- 
acter and his ability gave him a lead- 
ing place in the Democratic party. 
While he was governor, his quality 
of firmness was much tested, for 
he frequently had differences with 
the legislature, particularly on the question of granting loans 
to railroads and other industrial enterprises. He vetoed no 
less than thirty-three measures of this kind, and thus won 
the title of ^^ veto governor." / 

His inaugural address was largely concerned with two 
important subjects which at once engaged the attention of 
the legislature and the people. He declared that the State 
should not engage directly in works of internal improvement 
until the public debt was paid ; but he favored popular ed- 
ucation. He soon found that on the first point the legisla- 
ture disagreed with him. During the whole time he was 
governor the subject of railroads was uppermost in the minds 
of the legislators, and the majority favored State aid to such 
enterprises. 



2U 



HISTORY OF ALABA3IA. 



A whole system of new railroads was planned, and two 
special objects were proposed by the supporters of these plans. 
The first was the old design of making a closer connection 
between the Tennessee valley and the central and southern 
parts of the State ; the other was the development of the long- 
neglected mineral wealth of the State. The chartering of 
the South and North Railroad in 1854 v/as perhaps the most 




I, III 






^ARTON Academy. 

Mobile. Ala. 



notable step actually taken. But many years were to pass., 
and many strange and terrible changes were to occur in 
Alabama, before tliese objects could be realized. Judge Leroy 
Pope Walker was perhaps the leading advocate of the view 
that the State should use its money and credit to help the 
railroads. 

The interest in the mineral region was chiefly due to the 
State geologist, Professor Michael Tuomey. A great English 



THE PUBLIC SCHOOL SYSTE3L 215 

scientist, Sir Charles Lyell, had travelled in Alabama in the 
forties and made a slight study of its geology. A few years 
later Professor Tuomey was made State geologist, and he set 
about a systematic examination. He died in 1857, but he 
had already revealed the truth as to the mineral wealth of 
the State. 

Long before his day, probably in 1830, some gold had been 
discovered. People living near the Warrior coal fields had 
used a little coal for themselves, and about 1853 there had been 
an attempt to ship coal from the Cahaba coal fields. Some 
small iron furnaces were started in Bibb and Shelby counties. 
But Professor Tuomey's report first set the governor and 
the legislature to thinking seriously that there might be a 
great industrial future for Alabama quite apart from the 
growing of cotton. A very interesting question arose when 
thoughtful men began to ask themselves whether the labor 
of slaves could be made profitable in the furnace, mine, and 
factory, as it had been on the plantation. As we shall see, 
however, the experiment was never tried, because of the 
mighty changes that soon occurred. 

On the question of public schools the governor and the 
legislature were agreed ; and the session of 1853-4 is notable 
as marking the beginning of the public school system of the 
State. The credit of leading the way in the movement is due 
to the city of Mobile, which had begun work on its public 
school system as early as 1826. In 1835 Mobile built its 
Barton Academy, which was in a sense the model for the 
legislature. Judge A. B. Meek, a representative from Mobile, 
was the author of the act establishing a State department of 
education. It provided for a State superintendent, three 
commissioners in each county, and trustees for each town- 
ship ; but it was not long before experience showed the 
wisdom of substituting a county superintendent for the three 
commissioners. AVilliam F. Perry was the first State super- 
intendent. 



216 



History of Alabama. 



The entire school fund for 1855 was less than two hundred 
and fifty thousand dollars. Part of this was a direct appro- 
priation by the State, and the rest was interest on the gift of 
the United States. 

It Avas a small sum to begin Avith, but a beginning was made. 
Over two thousand schools were opened the first year, sup- 
ported partly by public contributions. In some cases private 




'K;.';)!;.«:ffl,;.W»-*- 



V lt\^\i( 












""«iWfc,,i ,.,!S*i;:f|!. ,* 



From a pliotograijh. 



SOUTHERN UNIVERSITY, GREENSBORO. 



schools already in existence were made public and free until 
the funds gave out, and then Avere made pay schools again. 
Progress Avas slow, but by the end of the fifties the total at- 
tendance Avas nearly one hundred thousand. 

In 1855 President Manly of the University resigned, and 
Dr. Landon C. Garland, avIio had been a member of the 
teaching staff, succeeded him. By this time the University 
had gained a good place among Southern colleges. Its classes 
at graduation usually numbered from fifteen to tAventy, and 



Changes in the supreme Court. 217 

many of its graduates afterwards won distinction in Alal)ama 
and other IStates. Its endowment, derived from lands given 
l)y the Federal government, liad been sunk in the bank, but 
the State government acknowledged its obligation to pay the 
interest. 

Two other events of educational importance which occurred 
about this time were due to the Methodists. In 185G their 
conference founded the Southern University at Greensboro ; 
and the same year the Alabama Conference Female College 
Avas set up at Tuskegee. The Greensboro institution was not 
ready for students until 1859, and its early promise was sadly 
marred by the Civil War, but in recent years it has taken a 
leading place among the colleges of the State. The Tuskegee 
institution had at the beginning the advantage of a very able 
president. Dr. A. A. Lipscomb, and it immediately pros- 
pered. Its work has been of great value, and has helped 
to gain respect for Alabama among those who are interested 
in the education of women. 

Governor Winston^s administration, like the one that pre- 
ceded it, was marked l)y certain changes in the Supreme 
Court. The enlarging of the court to five members did not 
give satisfaction, and in 1853 the number was reduced to 
three. To fill the three places, William P. Chilton, George 
Goldthwaite, and Samuel F. Rice were chosen by the Assem- 
IjIv. Juds^e Chilton remained at the head of the court until 
1855, when he resigned, and Judge Goldthwaite succeeded 
liiiu ; but the next year Judge Rice succeeded Judge 
Goldthwaite. 

Except for a scourge of yellow fever in 1854, which was 
particularly severe at Montgomery, and a financial panic, 
general throughout the country, which came in 185T, the 
years of Governor AVinston's administration were in the main 
prosperous years for the people ; and prosperous years are not 
apt to be filled with exciting events. But in politics there 
was plenty of excitement. The period was marked in the 



218 



History of Alabama. 



nation by the disappearance of the Whigs and the rise of two 
new parties. Only one of the new parties grew to strength 
in Alabama. What this new jiarty desired it was not easy 
to find out, for its members, when questioned as to its 
objects, generally replied that they did not know. 80 they 
were called the '^Know-Nothings"; in the end, however, 
they took the name of the " American party. ^'' As this party 
was a secret organization, it upset the calculations of the 




From a photugraijh. 

ALABAMA CONFEKENtE FEMALE COLLEGE, TUSKEGEE. 



politicians in many States. It came into existence chiefly to 
oppose the influence of foreigners and of the Roman Catholic 
Church in the United States. Democrats as well as Whigs 
joined it by thousands, but the Democratic party opposed it. 
In the State election of 1855, it was beaten only after a 
severe struggle. Governor Winston was reelected by a ma- 
jority of nearly twelve thousand over George D. Shortridge, 
the Know-Nothing candidate. In tlie congressional elections, 
however, the Know-Nothings carried two districts. One of 



Object of Republican Party. 



219 



tlieir successful caudidates was Judge William K. Smith. 
Two years later, in 1857, he was the only successful candidate 
opposed to the Democracy. The Democrats then recovered 
their control over the State and 
maintained it until the Civil AYar 
put an end for a time to the necessity 
of sending rejiresentatives to Wash- 
ington. In the presidential election 
of 185C) the electoral vote of Ala- 
bama was cast for James Buchanan. 
It was in 185G that the other new 
party, the Republican party, first 
showed its strength in the nation. 
This party was formed chiefly to 
keep slavery out of the Territories. 
It carried several Northern States, 
but so far as the vote in Alabama 

was concerned it might as well have been a party in Eng- 
land or Russia. 

Andrew B. Moore, of Perry, was the Democratic candidate 
for governor in 1857, and he was elected without opposition. 




JUDGE SAMUEL F. RICE. 



QUESTIONS. 

What is said of Governor Winston ? What two subjects were discussed 
in his inaugural address? What was the difference between Ihe views of 
the governor and those of the Icgishiture about railroads? What were 
the objects of the men favoring railroads? What is said of Professor 
Michael Tuomey? Tell of the estabhshment of the public-school sys- 
tem. What other events relating to education are mentioned? What 
changes occurred in the Supremo Court? What is said of the condition 
of the people during Governor Winston's administration? Describe the 
rise of the Know-Nothings ; the State election of 1855 ; the presidential 
election of 1856; the State election of 1857. 



CHAPTER XXYIII. 



ADMINISTRATION OF GOVERNOR MOORE — ALABAMA IN 18G0. 




GOVERNOR A. B. MOOKE. 



Governor Moore was born in 
South Carolina in 1807. He came 
as a young man to Perry County, 
where he first taught school and 
afterwards practised law. He won a 
reputation in the lower house of the 
legislature, and was several times 
chosen speaker. When first elected 
governor, he was judge of the circuit 
court. He is described as com- 
manding in appearance and of a 
clear and logical mind. The later 
events of his career have much endeared his memory to 
Alabamians. 

His administration lasted four years, for in 1859 he was re- 
elected by a good majority over William F. Samford, of Macon. 
His last year of office was marked by an event of such im- 
portance that it changed the whole later history of the State. 
Indeed, it changed the State itself, changed its institutions, 
and in some measure changed its people. Let us, then, 
pause and study Alabama as it was at the end of the fifties ; 
for in the sixties it was as if Alabama were melted with fire 
and then made over again after a new fashion. 

Alabama in the forties and fifties dilfered very widely 
from tlie Alabama avc know to-day, and it also differed con- 
siderably from the Alabama of 1820. Since 1820, changes 
had come through the rapid growth of population, the open- 



Improved 2'ransportation System. -z-zi 

iiigof fields, ami tlie building of small towns and cities. But 
none of these changes had come very suddenly, for there had 
been no Avars or revolutions to alter the face of the country. 

In the methods by which the people earned their bread 
there had been very little change. Agriculture was still the 
chief industry, and cotton was still kiftg. From the sale of 
the cotton crop about twenty millions of dollars was obtained 
every year ; and this was the main source of comfort and 
wealth. Crops like Indian corn were raised, and also horses, 
cattle, and other live-stock ; but the planter's main business 
was growing cotton. 

For the transportation of the crops, and for travel, there 
was much better provision than in 1820. The roads, it is true, 
were still very bad, as the testimon}^ of travellers shows ; but 
the flat-boats had given place to steamboats on the navigable 
rivers, and railroads had been built in some parts of the State. 
The steamboats were of great service. They moved down 
the rivers to the Gulf, heavily laden with cotton bales for 
shipment from Mobile, and returned with supplies for the 
planters and for merchants in the upper towns. Cotton was 
hauled through the country from the plantation to the nearest 
bluff on the river, from which it was sent down the slide- 
way to the waiting steamer. The necessity for stopping at so 
many landings made travel by the boats pretty slow. 

We have seen how, in Governor AVinston's time, the legis- 
lature framed a system of railroads to develop the "mineral 
region. '' Under Governor Moore, John T. Milner, a young 
civil engineer from Georgia, was selected to make a survey of 
a route to connect the Tennessee River and Mobile Bay, in 
order to develop the "mineral region." Mr. Milner declared 
that he did not know where the "mineral region" was, and 
the governor could not tell him. The youiig engineer's work 
was well done, however, and his report aroused much interest. 
But the great change that came at the end of Governor 
Moore's administration put an end to all this. 



222 HISTORY OF ALABAMA. 

As to manufacturing, Alabama was far behind the States 
at the North and East, but it had made a beginning. The 
pioneer was Daniel Pratt, who had built a cotton mill and 
founded Prattville. In 1850, as we saw, there were twelve 
cotton factories in the State. In 1800 the census showed 
nine millions of dollflrs invested in various manufacturing 
enterprises and nearly eiglit thousand people thus employed. 
But this was as nothing compared with the North and East. 
Most of the articles the farmer used came from other States 
or from abroad. 

And so, too, did his books and everything else he read, 
except his weekly newspaper. By this time the large towns 
all had their newspapers, and such places as Mobile and 
Montgomery had several. The papers did not contain a 
great amount of news, but they had enough discussion of 
politics to keep the farmers supplied with matter for talk at 
the cross-roads stores and after church on Sundays. 

There were a few Alabamians who wrote books. Three of 
the most widely known authors of the State were women — 
Miss Augusta A. Evans, afterwards Mrs. Wilson, whose 
novels had many readers ; Mrs. Caroline Lee Hentz, a lady 
of Northern birth who lived for some years in the State, also 
a novelist ; and Mrs. Octavia AValton LeVert, of Mobile, who 
published an interesting book of travel. Dr. F. A. P. Bar- 
nard, professor in the University, and afterwards president of 
Columbia College, in New York, wrote many learned papers, 
chiefly on education and science. Judge A. B. Meek was a 
student of early Alabama history, and published both prose 
and verse, and Senator Jeremiah Clemens wrote novels, some 
of them about the Mexican war. There were also a number 
of public men whose writings and speeches on political ques- 
tions were printed. Two books that have interest for us as 
students of Alabama history are "Simon Suggs," by Johnson 
J. Hooper, and ''Flush Times in Alabama and Mississippi," 
by Joseph G. Baldwin. Both of these books are very amus- 



Education and Religion. 223 

ing, and both are pictures of life in Alabama. The " History 
of Alabama," lwAlbext_ Jjimes_Pickett, published by himself 
in 1851, was in many ways an admirable work, and has been 
made the basis of the earlier portions of this book. 

Various circumstances serve to explain why Alabama had 
produced no important literature. For example, there were 
no great cities, such as might have become literary centres. 
The more intellectual of the people were apt to be wealthy, 
and so had no need to write. Certainly, there were many 
cultivated men and women in the State. Of the planters, 
lawyers, clergymen, and pliysicians, a large proportion were 
college-bred men, and there was a high standard of political 
writing and speaking. Moreover, the colleges were growing 
stronger, and had among their professors a number of men 
who won distinction in scholarship. In Governor Moore's 
time a professional school was established — the Alabama 
Medical College. It was opened at Mobile in 1850, and 
assisted by the legislature the next year. 

The churches were very strong. Every settlement had its 
house of worship ; the traveller was apt to find one wher- 
ever two highways crossed. Here the farmers and planters 
gathered every Sunday, and there was usually a long sermon, 
to which they listened with reverence and faith. Aftier the 
service there were greetings among the people and a half- 
hour of gossip about the weather, the crops, and politics. 
Then the wealthy Avent home to the midday dinner in fine 
carriages, others in wagons or on horses and mules. Many 
able and earnest men went into the ministry, and religion was 
an important part of the life of the people. Camp meetings 
early became the custom, and some of them Avere immense 
gatherings Avhich aroused the utmost fervor and enthusiasm. 

But the great difference between Alabama in those days 
and Alabama of to-day is that our grandfathers had many 
slaves. This was the main reason why the Southern States 
differed so widely from the Northern. In Alabama, as we 



224: 



History of Alabama. 



know, there were slaves under the French, and many more 
were brought from tlie Carolinas and Virginia. Though less 
in numbers than the whites, they more than kept pace with 
them in the matter of increase. They had a vast influence on 
everything, for most of the work was done by them. 

Yet there were many men who owned no slaves, many who 




From a photograph, 1897. 

AN OLD PLANTATION HOME NEAR MONTGOMEKV, AS IT LOOKS TO-DAY. 

lu tlie foreground is "Uncle Julius," who was raised on the plantation and never lix'ed any- 
where else. Formerly the avenue was bordered by rows of fine trees. 



owned but one or two, and some peo})le in the mountain 
regions who for years at a time never saw a negro. In 1850 
there were in the whole State less than 30,000 persons who 
owned slaves ; in 18G0, between 33,000 and 34,000 persons 
owned all the slaves in the State. The great bulk of the 
negroes Avere on the large plantations or in the towns. They 



Life on the Plantation, 225 

were most useful in the growing of cotton and other work 
of a simple sort. They could not be trusted with work re- 
quiring much care and intelligence, for most of them were 
very ignorant, but the house servants were always much 
more intelligent than the field hands. 

Of course there were some cruel men in Alabama, as there 
are everywhere, and by them the slaves were ill-treated, but 
travellers for the most part agree with the accounts which 
we have from our fathers that in the main the relations of 
master and slave were kindly ; and that slavery in the South 
was as mild as slavery ever was anywhere. In Alabama 
masters were required by law to treat their slaves humanely. 
But a very thoughtful traveller who passed through Alabama 
in the fifties thought that slave labor was not then paying 
very well. His opinion was that the labor of the slaves cost 
the master more than was paid elsewhere for free labor ; for 
the master fed and clothed the slave whether he worked or 
not, and the slave had no special reason to work hard, or to 
be thrifty. Senator 0. C. Clay complained that even in the 
rich Tennessee Valley there were to be found deserted and 
worn-out fields and some people moving away to Texas. It is 
also sometimes said that slave labor is most profitable when 
employed on a large scale, so that the great planter liad an 
advantage over the small farmer. But those views were not 
common in Alabama. 

However this may have been, it is the big plantation we 
hear most about wlien there is talk of old times. Life on the 
plantation certainly had many charms. Travellers have had 
but little good to say about the roads or tlie hotels, but they 
have given us many pleasant glimpses of tlie old plantation 
home, the lavish hospitality, the easy, cordial manners, the 
good-natured, saucy house servants, the black ^^ mammy," 
the masterful planter — a king within his own domain — and 
the gracious women and sweet-voiced cliildren. 

Such were the homes of the great planters, whose sons 
15 



226 History of a l abasia. 

either succeeded their fathers on the plantation or else went 
into law, or politics, or the ministry, or perhaps the army. 
The great planters were at the top of Southern society, 
just as the slaves were at the bottom. As they were accus- 
tomed to being obeyed, they usually had their way, and even 
in Congress their representatives stood together, and so were 
very powerful. 

But on the other hand there were the small farmers and 




From a photograph. 

NEGRO QUARTERS ON SAME PLANTATION, NEAR MONTGOMERY (p. 224). 

There were originally three rows of cabins— five cabins in each row, 

the people who lived in the hill country. These had few 
slaves, and their fields were not broad. Amonsc them were 
many poor, but paupers were not numerous in any class. 
It was the boast of the Southern people that among them 
paupers were as scarce as millionaires. Nevertheless, there 
were many whites who could neither read nor write, and so 
the control of i)olitics was left largely to the great planters 
and lawyers. But the interest in politics was universal, and 
the people were fond of political speeches and joint debates, 
which had great educational value. When a real orator like 



Census of iseo. 227 

Mr. Yancey came among tliem, they heard him with a keen 
delight in his eloquence. 

Such was Alabama in 1860, — a distinctly agricultural com- 
munity of nearly a million souls. The population according 
to the census of that year was 965,201, and the whites out- 
numbered the blacks by less than a hundred thousand. Let 
us now inquire what was the great change that came upon 
this community in the early sixties, and how it came. It 
came suddenly, with uproar and excitement, but the causes 
that brought it about had been at work for many years. 

QUESTIONS. 

What is said of Governor Moore ? Tell what you know of Alabama in 
1860, under the following headings : Agriculture, travel and transporta- 
tion, manufactures, newspapers, literature, cities, colleges, churches, the 
negroes, slave labor, the plantation, the great planters, the small farmers, 
and the poor whites, politics, and oratory. 




CHAPTER XXIX. 

ADMINISTRATION OF GOVERNOR MOORE — ALABAMA A 
CONFEDERATE STATE. 

4 

We have seen that Mr. Yancey and his friends, the 
Southern Rights men, were twice defeated in Ahxbama. 
They were defeated in 1848, when the Democrats of the 
nation refused to ado23t the '^''Alabama Platform/^ requiring 
Congress to protect slave property in the Territories, and 
when the Democrats of Alabama refused to leave the party 
on that account. They were again defeated when the people 
voted in 1851 to sustain the Compromise of 1850, which left 
the inhabitants of the new Territories to settle the question 
themselves. But the Southern Rights leaders would not give 
up ; in 1852 they nominated their own candidates, Troup and 
Quitman, for President and Vice-President, but they got 
few votes. It looked as if Mr. Yancey could not persuade 
the people to follow him. 

All this time there was debate in Alabama and throughout 
the South over the question of a remedy in case the IS^orthern 
people would not return escaping slaves, and the South could 
not get what it considered its rights in the Territories. Mr. 
Yancey was clear as to the remedy he preferred. It was not 
a new idea, but had been advanced at various times by various 
men in different parts of the country. This remedy was 
secession : that is, for the Southern States to withdraw from 
the Union. In South Carolina, in 1832-33, nullification had 
been tried, but the leading men of that State now favored 
secession. Its advocates argued that each State could with- 
draw from the Union. In 1850, during the excitement over 



The "Underground Railway/' 229 

the Compromise, when tlie convention of the Southern States 
met at Xashville, South Carolina was ready to secede at 
once ; but the convention would not recommend that course. 
The next 3^ear, a convention of Union men in Alabama, while 
declaring the right of any people to defy and resist an op- 
pressive government, denied that the conditions justified 
such a course, and denied that the Constitution authorized 
secession. Their candidates for Congress took the same 
ground. Many men who thought the State had a right to 
secede, felt that it would be unwise to use it. 

It began to look as if all slaverv troubles would come to an 
end without any conflict between the sections. But the ques- 
tion was soon reopened. 

Stephen A. Douglas, of Illinois, contended that the Com- 
promise of 1850 had repealed the Missouri Compromise, and 
he got Congress in 1854 to pass a bill organizing the Terri- 
tory of Kansas, north of the old compromise line, with the 
understanding that the people of the Territory should them- 
selves decide whether they would have slavery or not. 

But this aroused the anti-slavery men of the North again, 
and thousands of emigrants rushed to Kansas so as to vote 
to make it a free State. Southern men also rushed in with 
their slaves. One large company went from Alabama, led 
by Jefferson Buford, of Eufaula. Soon a border war broke 
out in Kansas. A new party sprang into existence in the 
North, called the Eepublican party, pledged against slavery 
in the Territories, and against new slave States. About this 
time ''Uncle Tom's Cabin," a novel making pictures of 
great cruelty under slavery, was widely read. The new party 
carried several Northern States. 

Most of the Northern States had passed Personal Liberty 
Laws, which effectually prevented the return of fugitive 
slaves. Negroes were helped to escape, usually to Canada, 
by means of a system known as the " Underground Railway.'" 

As a result of these things, many Democrats in Alabama 



230 HISTORY OF ALABAMA. 

came to take the same view of the matter that Mr. Yancey 
had taken, and many old Whigs came with tliem. Leading 
Southern men of all parties were beginning to think that the 
time had come to take such vigorous action as Mr. Yancey 
had all along recommended. 

In 1857, the Supreme Court of the United States decided, 
in the famous Dred Scott case, that slaveholders had the 
right to take their slaves into any Territory, and that it was 
the duty of the government to protect them in their joroperty. 

This seemed to favor the Southern Eights view ; but aboli- 
tionists vigorously assailed the decision, and the Republican- 
party continued to grow stronger. The free-soil men were out- 
numbering the Southern men in Kansas, and Congress would 
not admit Kansas as a slave State. In 1859, John Brown, a 
man who had given his whole life to a warfare against slavery, 
made a desperate raid into Virginia, trying to excite a negro 
insurrection. He was captured, tried, and hanged. The 
whole country was thrilling with excitement when the great 
party conventions met in 1860. The Alabama Democrats sent 
Mr. Yancey and other delegates to the Democratic convention 
held at Charleston, S. C, in April, instructing them to with- 
draw from the convention if it did not adopt the '^'Alabama 
Platform. ^^ The legislature then passed a resolution instruct- 
ing the governor to call a State convention if a Republican 
were elected President. The convention, if assembled, was to 
do whatever, in its opinion, " the rights, interests, and honor 
of Alabama might require to be done for its protection. ^^ In 
taking this action Alabama was in advance of the other South- 
ern States. At the national Democratic convention, also, the 
Alabama delegates took the lead on the Southern side. 

At the Charleston convention, in a famous debate with 
Senator Pugh, of Ohio, Mr. Yancey spoke for the Alabama 
Platform and for the South. The Southern Rights view was 
presented in a majority report from tlie Committee on Reso- 
lutions, and was defended by Mr. Yancey. It was, in brief. 






lil ilj-i> 




'i;>^ 



:miM 



MR YAXrr.V AI)I)i;KSSIN(i THE (11 AKI.KSTON CONVENTION. 

The presiding officer is Caleb Cushingr. The heads are from photographs. The stape and sur- 
roundinps are from a photograph of the hall in wliieh the convention was held. 



232 History of a lab a 3i a. 

that slaves were property, and had been so declared by the 
Supreme Court in the Dred Scott decision ; that every citi- 
zen of the United States had an equal right to go to any 
Territory with his property, and that the control of Congress 
over the Territories carried with it the duty of protecting 
his property, whether it were slave property or other. It was 
the great moment of Mr. Yancey^s life, and Alabama was then 
playing such a part in history as it never played before or 
after. But by a few votes the Southern demands were re- 
jected. The Alabama delegates then withdrew, and the dele- 
gates of the other Cotton States followed. The Democratic 
party was thus broken in two. The remaining delegates 
adjourned to Baltimore, and nominated Stephen A. Douglas, 
of Illinois, for President, and Benjamin Fitzpatrick, of Ala- 
bama, for Vice-President ; but Mr. Fitzpatrick declined, and 
Herschel V. Johnson, of Georgia, was put in his place. The 
delegates who had withdrawn also met at Baltimore, and 
being there joined by other seceders nominated John C. 
Breckinridge, of Kentucky, for President, and Joseph Lane, 
of Oregon, for Vice-President, on the ''Alabama Platform. ^^ 
Already the Republicans had named as their candidates 
Abraham Lincoln and Hannibal Hamlin. A new party called 
the Constitutional Union party was in the field, with John 
Bell and Edward Everett as their candidates. Mr. Yancey 
travelled through the North as the principal orator of the 
Breckinridge party, and Mr. Douglas visited Alabama and 
other Southern States. 

Alabama went for Breckinridge and Lane, and so did most 
of the other Southern States ; but Lincoln and Hamlin were 
elected. At once tlie Southern Rights leaders declared that 
the people of the Northern States had voted against giving 
to slave property the protection which the Supreme Court 
of the United States said it was entitled to. Governor Moore 
promptly ordered an election for delegates to a State con- 
vention. When the convention met, on January 7, 1861, 



Confederate states Organized. 233 

South Carolina liaci already seceded. ]kit in Alabama there 
were some opposed to secession altogether, and many others 
who were not ready to take such a step. There were strong 
aiul able men opposed to Mr. Yancey's policy, just as Mr. 
Hilliard had opposed it from the beginning. These men loved 
the Union and were loath to leave it. But when on a test 
vote it appeared that fifty-four delegates were for immediate 
secession to forty-live against it, some of the Union men gave 
up the fight. As many of those men afterwards served faith- 
fully and bravely on the Southern side, it is interesting to 
know how they felt when they saw that secession could not be 
prevented. Speaking for them, Mr. Jeremiah Clemens said : 

^'^ Acting upon the convictions of a life-time, calmly and 
deliberately I walk with you into revolution. Be its perils, 
be its privations, be its sufferings what they may, I share 
them witji you, though as a member of this convention I 
ojoj^ose your ordinance.'^ 

On January 11, the convention adopted an ordinance of 
secession from the Union by a vote of sixty-one to thirty- 
nine ; but twenty-four delegates refused to sign it. 

It was a time of tremendous excitement. Wild demon- 
strations greeted the ordinance. State after State was seced- 
ing, Alabama being the fourth, and all were sending delegates 
to Montgomery to form a new confederacy. Before the 
Alabama convention acted, Governor Moore took the re- 
sponsibility of seizing the forts on Mobile Bay and the 
United States arsenal at Mt. Yernon. On February 4, 
the delegates from the seceding States met at ^Montgomery 
and organized the Confederate States of America, of 
which Alabama at once became a member. A provisional 
Constitution was adopted. Jeiferson Davis, of Mississippi, 
was elected President, and Alexander H. Stephens, of Georgia, 
Yice-President. Montgomery became the seat of the new 
government. February IS, Jefferson Davis, standing on the 
portico of the capitol at Montgomery, took the oath of office. 



234 History of Alabaiia. 

Cannon roared, and a new flag soon floated over the dome, 
while the multitude shouted wildly. 

Mr. Yancey soon sailed for Europe at the head of a com- 
mission to try to persuade other nations to recognize the 
Southern Confederacy. All eyes were turned to AVashington 
to see what the government of the United States would do. 
The congressmen and senators from Alabama and other 
States of the Confederacy had resigned. Commissioners 
were sent to Washington, hut Mr. Buchauan refused to see 
them. When President Lincoln came into office on March 
4, he announced that he would enforce the laws of the 
United States, of which he considered Alabama and the 
other Cotton States still a part. 

The provisional Congress framed a permanent Constitution 
for the Confederate States. The Alabama convention ratified 
it, and then, on March 21, finally adjourned. It had also 
altered the Constitution of Alabama so as to provide for an- 
nual instead of biennial elections to the General Assembly, 
and made a few other slight changes. 

Up to this time several forts in the seceding States 
were held by troops of the United States. One of tbese was 
Fort Sumter, in "Charleston Harbor. The United States 
notified South Carolina that supplies would be sent to this 
fort. This was regarded as an act of war by the South. 
April 13, 18f;i, it was bombarded by a Confederate force, 
and its commandant, Major Anderson, surrendered. Presi- 
dent Lincoln called for seventy-five thousand volunteers to 
put down those who were resisting the laws of the United 
States in the South. This meant war ; Virginia and the 
other border States were therefore compelled to make their 
choice between seceding themselves or helping to overcome 
the States which had already seceded. Virginia, Xorth Caro- 
lina, Tennessee, and Arkansas passed ordinances of secession, 
and sent delegates to tlie Confederate Congress. On May 20, 
the seat of government was transferred from Montgomery to 



Confederate Senators Elected. 235 

Richmond. At the first rcguhir election under the permanent 
Constitution the eleven electoral votes of Alabama were cast 
for Davis and Stephens, who were elected. Twelve represent- 
atives were chosen as the Alabama members of the lower 
house of the Confederate Congress; and the legislature chose 
Mr. Yancey and Clement C. Clay, Jr., to be Alabama's sena- 
tors. President Davis had already called Leroy Pope Walker, 
a distinguished lawyer and public man of Alabama, to be his 
secretary of war. 

Alabama's fortunes were now cast for good and all with the 
Southern Confederacy. In the northern part of the State 
there was for a short time a Unionist plan to form a new 
State, to be called "Nickajack/' but it came to nothing. 
Everywhere the people were arming for war. The North, 
enraged because the old flag liad been fired on at Sumter, and 
terrible in the strength of numbers and wealth, was gathering 
around President Lincoln ; the South was sending its sons 
to the border. The people of both North and South came 
mainly of a stubborn race, for centuries given to settling 
great questions with the sword. The peoj^le of Alabama 
were eager for their share of the fighting. 

At the election in 1861 to choose Governor Moore's succes- 
sor, John Gill Shorter, of Barbour, an original secessionist, 
was chosen over Thomas H. Watts, of Montgomery. 

QUESTIONS. 

Describe the Kansas controversy. What was the effect of it in Ala- 
bama? What was the Dred Scott decision? What was the state of 
feeling in 1800? What did the Alabama Democrats do? What did the 
legislature do ? What happened at the Charleston convention? What 
did the other national conventions do? Describe the campaign. What 
did Governor Moore do? What did the Alabama convention do? What 
was done about the forts and arsenal near Mobile? Describe the forma- 
tion of the Confederate government. What did President Lincoln do? 
How did the war begin? What was the result of the State election of 
1861? 



CHAPTER XXX. 



ADMIXISTRATIOX OF GOVERNOR SHORTER. 




GOVERNOR JOHN G. SHORTER. 



Governor Shorter was born in 
Georgia in 1818. He came to Ala- 
bama in 1836, and made Eufaula 
his home. He was a hiwyer, and had 
served the State in both houses of 
the legislature, on the bench of the 
circuit court, and in the Confederate 
Provisional Congress. He was a 
faithful public servant, but he held 
office in troublous times, when the 
people were hard to please. In con- 
sequence, he soon found his popu- 
larity declining. 
Alabama was making a great effort to help in tlie common 
cause. A large appropriation had been made at the outset 
to help set the Confederate government on its feet ; bonds 
and notes continued to be issued, and this meant, of course, 
that the State was running deeper and deeper in debt. So 
it was not long before the notes of the State, like those of 
the Confederate Government at Richmond, began to fall very 
heavily in value ; the people, who were burdened with a tax 
in kind to support the armies in the field, and other grievous 
taxes, began now to be burdened once again with bad money, 
which is doubtless the worst of all the burdens that a free 
government ever imposes. It must be remembered, too, that 
the younger and stronger of the white men were for the most 
part serving in tlic war, and this made it all the harder for 



Alabama ly the War. -.^37 

those who were left at liome. The sufferings of the great 
war were not confined to those who could fight. 

As to Alabama's share in the fighting, Governor Moore 
reported, early in October, 18G1, that there were 27.(XJ0 Ala- 
bamians in the field, organized into twenty-three regiments 
and numerous lesser formations. A year later, Governor 
Shorter reported the number swelled to more than 60,000 ; 
yet in 18G0 the entire white population, of all ages and both 
sexes, was but 526,271. It was growing clear that practically 
the whole of the able-bodied white population must go, leav- 
ing only the slaves and the wounded or otherwise disabled 
white men at home to till the soil and protect the women 
and children. Before long, refugees from other States, where 
the fighting was going on, fled to Alabama, because of its 
situation at the heart of the Confederacy, to share and in- 
crease the privations of those who were already there. The 
central position of the State made it also good ground for 
arsenals and other establishments that would be endangered 
by the approach of hostile forces, and Selma was accordingly 
the seat of the largest arsenal in the Confederacy. Towards 
the end of the war a large military prison was established at 
Cahaba. The University, having adopted the military system 
in 1860, became a valuable training school for soldiers. 

The achievements of Alabama's troops in the war belong 
properly to the history of the whole country. Scattered 
throughout the Confederate armies, they bore their share of 
the fighting in all the important battles. Their brightest 
laurels were won on fields remote from their own homes. At 
the beginning, many were sent to man the forts around Mo- 
bile and Pensacola ; but thousands were soon marching away 
to the borderland of Kentucky and Virginia. Alabama troops 
felt the first blow of the Federals at Bull Run, and several 
Alabama regiments won in that battle a reputation for steady 
courage which they kept undiminished to the end. 

By the close of the first year of the war, names of Alabama 



238 HISTORY OF ALABAMA. 

men had begun to shine very brightly in the lists of valorous 
Confederates. James Longstreet, accredited to Alabama, 
was taking his place with Lee and Jackson. General Leroy 
Pope Walker had resigned his position as Secretary of War, 
and now commanded a brigade in the Army, and the Ord- 
nance Department at Kichmond was under (leneral Josiah 
Gorgas, an Alabama officer. General Jones M. AYithers was 
commanding the defences of Mobile. Robert E. Rodes, of 
Tuscaloosa, was beginning in the earlier Virginia campaigns 
the career that led to a major-generaVs commission ; while 
John B. Gordon, who had gone to the front at the head of 
the *' Raccoon Roughs," of Jackson County, was laying the 
foundations of the fame which Georgia has taken for her 
own. Scores of others were winning distinction, while many 
— it is dreadful to think how many — were falling in those 
early battles and leaving no record of their devotion, albeit 
we may not doubt they met their deaths as bravely as any of 
those whose valor chanced to be obser^^d. 

During this first year of the war Alabama was not the scene 
of any engagements ; the peace that had reigned within her 
limits since the days of Weatherford and Dale was still un- 
broken. Early in 18G2, however, there was an advance of 
the Federals into Tennessee, which resulted in the battle of 
Shiloh, in which many Alabama soldiers were engaged. The 
Confederates retreated into Mississippi, and the beautiful 
Tennessee Valley was overrun by Federal troops. The suf- 
ferings of its people were even greater than those which ordi- 
narily result from a military occupation. The Federal general 
in command liimself reported that many outrages and much 
plundering had been committed by vagabonds connected 
with tlie army, and one of his brigade commanders was dis- 
missed from the service for giving over Athens to ''indis- 
criminate sack.'' The Federals were driven back by an 
advance of the Confederate Army under General Braxton 
Bragg into Tennessee and Kentucky. AVith Bragg were 




BRI6.6EN.J0SIAHG0R6A5 



240 HISTORY OF ALABAMA. 

many Alabama troops, and at the battle of Perryville, which 
occurred during this campaign, a brigade composed mainly 
of Alabamians was commanded by Brigadier-General Ster- 
ling A. M. Wood, of Alabama, who was severely wounded. 
General Bragg's movement was not, on the whole, successful, 
and one of the consequences Avas the reoccupation of north- 
ern Alabama by Federal troops. Brigadier-General Philip 
Dale Roddey, with an inadequate force of Confederates, made 
some headway against the invaders. 

Meantime, in Virginia and Maryland, the Confederate 
Army of Northern Virginia under General Lee had been 
winning some famous victories, first beating back McClellan 
in the Seven Days' battles around Richmond, then Pope in 
the second battle of Manassas, and then advancing into 
Maryland to fight the indecisive battle of Sharpsburg ; after- 
wards retiring into Virginia, and at Fredericksburg repuls- 
ing with fearful slaughter a third advance of the Union 
army under Burnside. In these operations Evander M. 
Law, of Alabama, won his commission as brigadier-general, 
and the list of distinguished Alabama officers was length- 
ened out with other honorable names. Among these one is 
sure to be remembered just as the great commander wrote 
it down in his report of the battle of Fredericksburg — ^^the 
gallant Pelham^' — the onl}^name below the rank of major- 
general that was mentioned in the report. He who won 
that title soon crowned his devotion with a soldier's death, 
])ut the sweet and winning figure of the '^boy artilleryman^' 
will keep its place in our liistory, like Sir Philip Sidney's in 
English history, while any remain who \ove to read of youth- 
ful daring. 

Li the spring of 1863, Alabama was the scene of a brilliant 
exploit by the Confederate cavalry leader, General X. B. 
Forrest, in whose command were many Alabama soldiers. 
After repulsing an advance of General Dodge, who had a 
force of some 8,000 Federals in Lawrence Countv, not far 



Ella Sanson. ui 

from Florence, Forrest set out in pursuit of Colonel A. D. 
Streiglit, who had started from Tuscumbia towards Rome, 
Georgia, with a strong force. The Federals Avere overtaken 
in the lower part of Morgan on the last day of April, defeated 
in a sharp engagement, and driven in disorder into Blount, 
Forrest still hotly pursuing. Reaching Black Creek, in Etowa 
County, the pursuers found the bridge destroyed ; but Ella 
Sanson, a girl of the neighborhood, climbed to a seat behind 
General Forrest and guided him to a ford. The two were 
under fire, but the brave girl did not flinch. The legis- 
lature at its next session voted her a gold medal and a section 
of land. 

Pushing on with an advance guard of about GOO men, 
Forrest again overtook the main body of the Federals near 
Turkeytown, in Cherokee County. By clever mancruvres, 
he so deceived them as to his strength that they surrendered 
to the number of nearly 1,500. Later, another detachment 
of 250 was also captured, and a raid which had threatened 
much destruction of property was thus skilfully brought to 
an end. 

It was not found ]^ossible to drive the Federals from the 
Tennessee Valley, but Confederate resistance to detached 
commands was successful at Claysville, in Marshall County, 
under Captain H. F. Smith, of Jackson, and at Madison 
Station, in Madison County, under Colonel Patterson, of 
Morgan. Lawless bands were devastating northern Alabama 
during the whole period of its occupation by the Federals. 

In the same year on remoter fields events occurred of the 
first importance to the cause in which Alabama was so deeply 
interested. The Army of Northern Virginia, after winning 
the campaign of Chancellorsville, and thereby repulsing 
another attempt of the Federals to reach Richmond, once 
again marched northward. This time, Lee passed through 
Maryland into Pennsylvania, and in consequence the battle 
of Gettysburg, the supreme effort of the Confederate arms, 
^ 16 



242 History of Alabama. 

was fought on Northern soil. In that great struggle, as 
in those which led up to it, Alabama was represented by 
many brave and now hardened fighters. It was at Gettys- 
burg that Generals AVilliam H. Forney and Birket D. Fry 
were wounded and taken. Soon after the battle, Cullen A. 
Battle was commissioned brigadier-general. Lee's army was 
not driven from the field — the Army of Northern A^irginia 
had never been driven — but after three days of assault it 
failed to dislodge the Union army. That, under the circum- 
stances, was a defeat, and seemed to show that the Confed- 
erate forces could never successfully invade the Northern 
States. 

The very next day, the Fourth of July, the cause was wo- 
fully hurt by a disaster in the west. Yicksburg, which had 
endured for weeks the horrors of a siege, was surrendered to 
General Grant. This victory left the Mississippi open to 
the Union forces, and cut the Confederacy in two. At 
Yicksburg General Isham W. Garrott, an Alabamian hon- 
ored in i^eace no less than in war, was slain ; General John 
H. Forney, a brother of liim who s aif ered at Gettysburg, 
was among the prisoners ; and so was Colonel Edmund W. 
Pettus, whose behavior during the siege deserved the higher 
military title Avhich he afterwards received. In another 
western engagement, the battle of Port Gibson, General Ed- 
ward I). Tracy, of Alabama, was killed by a ball which passed 
over the shoulder of Colonel Charles M. Shelley, who was 
also to be numbered among the Alabama brigadiers. 

It is not strange that while such events as these were in 
progress the death of an Alabamian whose true life-work 
was finished before the fighting began should fail to draw 
the eyes of men from those who were working out his lessons 
on the battlefield. Mr. Yancey died at Montgomery, of a 
painful malady, in July, 1863. The storm he had done so 
mucli to raise was in its fullest sweep, but he did not live 
to see it descend upon his own people and his own home. 




Brig.Gen.Cullen A.Battle 



Brig. Gen. Birket D.Fry 



244 



History of Alabaiia. 



His successor in the Confederate Senate was Robert Jemison, 

of Tuscaloosa. 

A distinguished Alabamian, Judge John A. Campbell, 

was serving as secretary of 
war. In 1853 he had been, ap- 
pointed one of the justices of 
the Supreme Court of the 
United States. He was the 
only representative that Ala- 
bama ever had in that bod}^ 
After Alabama seceded, Judge 
Campbell resigned his high 
office, and came back to share 
the fortunes of his State. A 
year later, he became assis- 
tant secretary of war. He 
was one of the three com- 
missioners who met Mr. Lin- 
coln in a conference over the 

terms of peace at Hampton Roads near the close of the 

war. 

At the State election in 1863 the people chose Thomas 

Hill Watts, of Montgomery, to succeed Governor Shorter. 




JUDGE JOHN A. CAMPBELL. 



QUESTIONS. 

What is said of Governor Shorter? Of the material burdens of the 
people during his administration ? Of their share in the fighting ? 
Mention the names of some Alabama officers who won distinction early 
in the war. What is said of the military operations in Alabama in 1862? 
Of those in Virginia and jNIaryland, and Alabama's share in them ? De- 
scribe the campaign of Forrest and Streight, following their movements 
on the map. What were the two great Confederate disasters of 18(53 r 
Give the names of some Alabama officers mentioned in connection with 
the engagements of that year. What is said of Judge Campbell ? What 
was the result of the State election of 1863 ? 



CHAPTER XXXI. 



ADMI'N'ISTRATION OF GOVERNOR WATTS. 




GOVERNOR TH03IAS H. WATTS. 



Governor Watts was a native 
of Alabama, a graduate of the Uni- 
versity of Virginia, and a distin- 
guished lawyer. In politics he had 
been a strong Whig until the down- 
fall of the Whig party, then a Know- 
Xothing. He believed, however, in 
the right of a State to secede from 
the Union, and finally he joined Mr. 
Yancey, an old opponent, in favor- 
ing the act. He went into the war 
at the head of a regiment, but was 
recalled in 18G2 to become attorney- 
general of the Confederacy in the place of Thomas Bragg, 
an able Alabama lawyer, who had discharged the duties of 
that office since General Walker's resignation as secretary 
of war. 

It was while he held this place in the Cabinet that Mr. 
Watts was chosen governor. At the head of the State gov- 
ernment he did his duty patiently, guarding the credit of 
the State with special care. The most important change 
among tlie office-liolders during his administration was due 
to the resignation of Confederate States Senator Clay, who 
went to Canada on a dangerous mission for the government. 
His place was taken by Richard AV. Walker, of Lauderdale. 
At the time of his appointment, Mr. Walker was a justice of 
the Supreme Court, and his place on the bench fell to John 



246 History of alabaiia. 

D. Plielan, of Tuscaloosa. At this time Abraham J. Walker, 
who succeeded Judge Eice in 1859. was still chief justice. 

The sufferings and anxieties of the people during this 
administration were greater than ever before. The 2:)orts 
of the Confederacy were so well blockaded by the fleets of 
the United States that it w^as rarely possible to ship the prod- 
ucts of the people^s industry to a foreign market or to 
import the commodities which could not be raised at home. 
In consequence, the beleaguered Confederates were deprived of 
many comforts. Food grew scarce and clothing scarcer still. 
The army, having absorbed all the men of fighting age, be- 
gan now to take old men and boys. Meanwhile, the terrible 
circle of fire kept drawing closer and closer around the homes 
of Alabama. The struggle was growing sterner and sterner ; 
the hope of victory fainter and fainter. 

In the spring of 1864, General Ulysses S. Grant was in com- 
mand of all the Union armies, and he placed himself at the 
head of the mighty array confronting Lee^s outnumbered vet- 
erans in Virginia. The struggle between these two famous 
generals was marked by bloody repulses for the Federals ; but 
reinforcements made them stronger with every repulse, while 
the Army of Northern Virginia grew Aveaker with every 
victory. To Alabamians, the campaign is made especially 
memorable by the death of John C. C. Sanders, a brigadier 
at twenty-four, at Deep Bottom, on August 10 ; of Major- 
General Eobert E. Eodes, at the battle of Winchester, early 
in September — the end of a brilliant military career that had 
won the admiration of Lee and Jackson ; and of Brigadier- 
General Archibald Gracie, Jr., a most promising young officer, 
in the Petersburg trenches, early in December. Colonel 
Young M. Moody, of Alabama, succeeded to his command 
and rank. 

In the campaigns of the Western armies the men of Ala- 
bama were even more conspicuous. Hundreds of them, with 
General Joseph E. Johnston, faced Sherman on every battle- 



248 



HISTORY OF ALABAMA. 



field from Dalton to Atlanta, and in no campaign was Ala- 
bama ever represented by so large a number of general offi- 
cers. Among these were Major-General Henry De Lamar 
Clayton, Brigadier-Generals Zacli C. Deas, E. W. Pettus, 
John T. Morgan, William W. Allen, James Cantey, Alpheiis 
Baker, P. D. Eoddey, John H. Kelly, J. T. Holtzclaw, C. M. 
Shelley, and Edward A. O'Neal. In the struggles around 
Atlanta, General Alpheus Baker was wounded, and George 
D. Johnston was made a brigadier-general. Brigades, regi- 
ments, and battalions of Alabama 
soldiers were also with General 
Hood on his ill-starred advance 
into Tennessee, taking part in the 
victory at Franklin and the disas- 
trous defeat at Nashville. At 
Franklin fell John Herbert Kelly, 
a youth of twenty-four, who even 
at that early age was in conxmand 
of a brigade. 

During the summer of this year 
the harbor of Cherbourg, France, 
saw the end of a career that has 
given to tlie name ^^ Alabama" a 
peculiar distinction in naval his- 
tory ; for it was there the Con- 
federate ^cruiser Alabama, under Rear- Admiral Raphael 
Semmes, of Mobile, was sunk by the steamer Kearsarge. The 
Alabama had given the commerce of the United States a 
blow from which it has not to tliis day recovered, and Ad- 
miral Semmes had made for himself a reputation second to 
none in the naval history of the Confederacy. 

As yet, only comparatively small bodies of the Federals 
had been directed against points within the State, though -the 
northern counties liad been traversed by important armies. 
This was still the rule in 1864. In July, the Federal Gen- 




REAK-ADMIRAL SEMMES. 




\ 
Brig.Gen.Jno. C.C.Sanders 



250 



HISTORY OF ALABAMA. 



eral Kousseau made a raid southeastward as far as Opelika 
and Auburn, cutting the line of the Montgomery and West 
Point Railroad, and destroying valuable stores. He was 
driven into Georgia by the militia and citizens. In Sep- 
tember, General Forrest repeated at Athens, in Limestone 
County, the stratagem he had practised on Colonel Streight 
the year before, and thus succeeded in taking a force of 
l,-400 men. He also defeated a strong force sent to relieve 




FORT IHORGAN. 



Colonel Campbell, and a little later captured 800 men at 
Sulphur Trestle. 

But the most imposing array that the United States ever 
sent against the people of Alabama came by sea. Mobile 
Bay, which had been the scene of so many notable events 
in the founding of the State, was to become more than 
ever historical as the scene of one of the most celebrated 
victories ever won by an American admiral. 

Mobile was strongly protected. It Avas surrounded by 
three lines of earthworks. Above, the approach by way of the 
Tensaw and Appalachee was guarded by batteries Huger and 
Tracy and other defences at Blakely. On the eastern shore 
of the bay were the strong redoubts of Spanish Fort, 
Below, ten batteries swept the channel, which was filled with 
torpedoes and obstructed by rows of piles. At the main en- 
trance of the harbor stood Fort Morgan, on Mobile Point, and 



Federal Fleet Passes the Forts. 251 

Fort Gaines, on Dauphine Island. The narrow western clian- 
nel, available only for light-draught vessels, was commanded 
by Fort Powell. Brigadier-General Danville Leadbetter, of 
Alabama, had done good service on these defences. By 
the summer of 1864 there were in the bay three Confederate 
gunboats and the iron-clad ram Tennessee. Admiral Frank- 
lin Buchanan was in command. 

Admiral David G. Farragut, a son of the State that had 
once sent Andrew Jackson to deliver the settlers of this 
region from their savage foes, was in command of the Union 
Heet. A strong land force was ordered to cooperate with 
him. 

For months he lay below Sand Island, blockading the har- 




THE TENNESSEE. 



bor and ]Ta'eparing for an attack. At length, on the morning 
of August 6, he steamed towards the channel near Fort 
CJaines with fourteen wooden ships and four iron-clad moni- 
tors. He was met by a tremendous fire from the fort and from 
the four Confederate vessels lying across the entrance to the 
bay. One of his monitors, the Tecwnseh, was sunk by a 
torpedo, carrying down her commander and most of her 
crew. A boat from another vessel rescued the remainder. 
General R. L. Page, who commanded at Fort Morgan, having 
given generous orders not to fire on the rescuers. The 
Brooklyn, the leading vessel, halted, and for a moment the 



252 History of Alabama. 

whole fleet was brought to a stop ; but Farragut, lashed to 
the rigging of the flagship Hartford, cried out, " I will take 
the lead/' and sent the ship forward over the torpedoes. The 
garrison of Fort Morgan fought their guns like demons, but 
thev could not stop him. The gunboat Sehna raked the 
Hartford's decks, but the little vessel was soon taken, and 
the other tAVO gunboats, the Morgan and the Gaines, were 
forced to take refuge in shallow water, leaving the Te7inessee 
to dispute the mastery of the bay with the whole Federal 
fleet. Tliis the Tennessee did bravely, trying to ram the 
Hartford and other ships ; but she became the target for 
scores of broadsides, her rudder-chain was shot away, and 
her commander. Admiral Buchanan, was wounded. So she 
surrendered. Farragut was master of the beautiful bay, and 
had placed himself at the head of all the Union sea captains. 
His losses, however, had been much heavier than those of the 
Confederates. Fort Gaines fell the same day ; Fort Powell 
had been abandoned the day before. Fort Morgan, invested 
by sea and land, held out a fortnight longer. August 3, 
when the guns were ruined, the powder gone, and the walls 
about to come down. General Page surrendered. 

But the citv itself was not vet taken. Lara^e vessels could 
not get within range, and in consequence it held out for 
months while a sufficient land force was assemblinsf to break 
through its defences. As late as February, 1865, its citizens, 
in mass meeting assembled, were courageously pledging 
themselves to a policy of unyielding defiance to the United 
States. But in March a strong force moved against it from 
Florida. Spanish Fort, garrisoned by 4,000 men, many of 
tliem Ijelow the military age, was attacked by land and sea. 
The garrison, " digging all night and fighting all day," made 
some gallant sorties and a stout defence ; but by April 8 
they were driven out. General James T. Holtzclaw, of Ala- 
bama, fell severely wounded while protecting the retreat. 

Meanwhile, another division of the Federals had moved 



WILSON'S Raid. 253 

nortlieastward, in the direction of Montgomery. They drove 
back a small Confederate force, and wounded and took 
prisoner the brave General Clanton — another Alabama brig- 
adier. AYhen they reached Pollard's Station they cut the 
railroad. Thence they moved on Blakely. It held out until 
the ninth, when the besiegers were joined by those who had 
taken Spanish Fort, Although the garrison was clearly over- 
matched by numbers, many still declined to surrender. The 
place was finally taken by assault ; 3,423 Confederates were 
captured. Forts Huger and Tracy were then blown up. 
General Maury, who was in command of the department, at 
once abandoned Mobile, and on April 12 it was occupied by 
the Federals under General Granger. 

Thus southern as Avell as northern Alabama was given over 
to the Federals. Xor had the central region been sj^ared. 
Near the middle of March, General James H. Wilson, with 
about 13,000 men, mostly cavalry, set out from Lauderdale 
County to raid the country below, and to keep Forrest from 
aiding in the defence of Mobile. Another important object 
was to take Selma, where, besides the arsenal, there were 
stores intended for the use of Confederate vessels. Wilson's 
army moved southward in three divisions, he himself with one 
of the three proceeding by Avay of Elyton and Montevallo, 
destroying rolling-mills and other iron works, and hastening 
on to Selma. There he encountered Forrest, whose com- 
mand, including practically every able-bodied man in the 
city, numbered but six or seven thousand. The result was 
hardly doubtful. Selma was taken by assault, with some 
2,500 of its defenders, the arsenal destroyed, and much 
property given over to pillage. Forrest himself, with some 
of his officers, escaped by night. General Wilson passed on 
to Montgomery, and thence eastward into Georgia. 

Another division of his command, under General Croxton, 
had moved from Elyton against Tuscaloosa. Croxton avoided 
General AV. H. Jackson, of Forrest's cavalry, who had been 



254 HISTORY OF ALABA3IA. 

sent to intercept him, and soon reached the former capital. 
He found it practically defenceless. The young cadets of 
the University made a gallant but hopeless stand. Croxton 
burned the University buildings, and then, after some slight 
engagements with small parties of Confederates, passed into 
Mississii:»pi. 

General La Grange, who had been sent to help Croxton, 
but who had failed to join him, reached West Point on 
April IG, and found there a little fort, called Fort Tyler, 
defended by boys and men unfit for duty. It was attacked 
and taken, and its commander. General Tyler, was slain. 

This, with another engagement the same day at Columbus, 
Georgia, was practically the last of the fighting. The great 
war was over, for soon tidings swept over the despairing 
South that Lee had surrendered at Appomattox on April 9. 
With him were a few hundred survivors of all the Alabamians 
who had shared the fortunes of his glorious army, among 
them Brigadier-General William F. Perry. Shortly after- 
wards, in Xorth Carolina, the followers of General Joseph 
E. Jolmston, who were the survivors of those who had faced 
Sherman on his march to the sea, also laid down their arms. 
AVith these were the cavalry leader, Joseph Wheeler, who has 
since become a public man in Alabama, and Brigadier- 
General William W. Allen, who played a fine part in the 
warfare of the Western armies. On May 4, General Eichard 
Taylor, commanding the dejiartment to which Alabama be- 
longed, surrendered to General Canby. 

And now the soldiers of Alabama came wandering back 
from many battlefields, leaving comrades dead and the cause 
dead with them. Their simple soldier's faith had kept tliem 
true long after despair liad begun to hover over the trenches 
and beckon them to its dread caress. Bewildered that their 
great devotion could prove so bootless, they looked in vain 
for any siglit to justify their early hope. But among the 
ruins of their world they did find one solace left. The 



End of the War. 255 

women and children were safe, and therefore they must again 
take np their broken lives. The black guardians of tlieir 
homes liad not betrayed their trust. Thereby the slave 
himself gave for his master the best answer ever made to all 
that had been charged by the abolitionists, and won for him- 
self a sure claim to his master's patience through all the 
gloomy years that were to follow. 

QUESTIONS. 

What is said of Governor Watts ? Wliat changes in public offices were 
made during his administration ? What was the general condition of 
the State ? What is said of the fighting in Virginia in 1864 ? In the 
West ? Of the Alabama 9 Of the operations in middle and northern 
Alabama ? Describe the battle of Mobile Bay ; the land fighting around 
Mobile and at Pollard ; the raid on Selma ; Croxton's raid ; La Grange's ; 
the last battle. What is said of Lee's surrender ? Of Johnston's ? Of 
Richard Taylor's ? Of the soldiers' return ? 



CHAPTEE XXXII. 

AFTER THE WAR — GOVERNORS PARSONS AND PATTON. 

The returning soldiers found Alabama impoverished, ex- 
hausted, and with the civil government set aside and Federal 
troops in control of the State. In the track of the various 
Union armies there was every form of desolation. The loss 
of property had been enormous. The Confederate money 
with which the people had been carrying on their business 
was now worthless. But the greatest loss of all was the loss 
of men. The State had given about one hundred and twenty- 
two thousand of her sons to the Confederate service, and it is 
estimated that one-fourth of these never came back. So much 
energy and strength were gone forever. Those who remained 
were left to struggle with new conditions and new problems. 

The greatest of all the changes was the freeing of the slaves, 
and it is necessary to turn back and trace the steps by which 
it was brought about. \i September 22, 1862, President Lin- 
coln, as commander-in-chief of the United States army 
and navy, proclaimed that on January 1, 180,3, all slaves 
would be freed in those parts of the South where the people 
refused to recognize the authority of the United States. 
The great mass of the people of Alabama, holding themselves 
citizens of a Confederate State, paid no attention to the 
proclamation, and when the time came he named Alabama 
as one of the States to which it sliould apply. Congress also 
submitted to the States an amendment making slavery un- 
constitutional. Whether the proclamation came within the 
President's war powers or not, it had no immediate effect in 
Alabama, except in regions overrun by Union troops. How- 



Mr. LINCOLN'S PLAN. 



'Zbl 



ever, these things made it plain that slavery would have to 
go if the Union arms prevailed, and after the war Alabama 
and other Southern States, accepting the result as final, 
abolished slavery through their State conventions. 

For the people now saw that the effort to take Alabama 
out of the Union had failed, and they were ready to go back 
into their old place once more. But the way to do this was 
not clear, and they quickly learned that it was not for them 
to decide how it should be done. The power was in the 
government at Washington ; and it soon appeared that dif- 
erent public men at Washington 
had different plans. Before any- 
thing was accomplished a great mis- 
fortune had befallen Alabama and 
the whole South in the death of Pres- 
ident Lincoln by the hand of a 
misguided, perhaps crazy, actor. 
Though few people of the South 
then knew it, and some did not learn 
it for many years, Lincoln's was the 
gentlest heart in Washington toward 
them. He had maintained all along 
that no State had a right to se- 
cede, and that Alabama had never 

been out of the Union. His idea was that certain persons 
had been in insurrection, but that Alabama was still a 
State, and it was only necessary to organize a State govern- 
ment loyal to the Union. His plan was a simple and kindly 
one. He wished the Southern people to come back like sons 
and brothers to the home they had abandoned. Congress, 
however, showed a much more bitter feeling ; and when 
Andrew Johnson, who succeeded President Lincoln, tried to 
carry out Lincoln's plan, Congress would not let him do it. 
On May 29, President Johnson issued a proclamation 
telling the people of Alabama how the State government 
17 




GOVERNOR L. E. PARSON? 



258 HISTORY OF ALABAMA. 

should be reorganized, and on June 21 lie himself took the 
first step by appointing Lewis E. Parsons, of Talladega, 
provisional governor. Mr. Parsons had always been a Union 
man, and it was intended that none but those who were 
willing to swear allegiance to the Union should have any 
hand in setting up the new State government. The people 
were nearly all ready to take the oath, seeing as they did that 
the cause of the Confederacy was now lost forever ; but there 
were certain classes, such as those who had been officers of 
the United States and afterwards served the Confederacy, 
who were not allowed to vote or to hold office, whether they 
took the oath or not. All this seemed reasonable, and there 
was little or no complaint against the plan. 

Provisional Governor Parsons soon issued a proclamation 
calling on the properly qualified voters to elect delegates to 
a convention which should have authority to put in opera- 
tion a State government based on the results of the war. 
He also announced certain regulations by which the people 
should be governed until the convention could meet and 
accomplish its task. All laws in force before the attempt at 
secession which were in accord with the Constitution of the 
United States were declared to be still in force ; but the 
slave code Avas declared no longer binding. State officers 
considered loyal to the United States were to hold their 
places until successors should be appointed. 

The proclamation was well received, the election was held, 
the convention assembled at Montgomery in September, and 
in good faith set about its work. The venerable Benjamin 
Fitzpatrick was its presiding officer. 

It proceeded to make such changes in the State constitu- 
tion as were necessary to carry out the President's plan. 
Slavery was abolished ; the Confederate debt was repudi- 
ated ; the ordinance of secession was declared null and void ; 
and all tlic other acts of the secession convention held to be in 
conflict with tlic Constitution of the United States were an- 



Reconstruction in isg5. 



f^O o 



•atifiecl the thirteenth 



nulled. The State constitution as thus altered is known as 
the " Constitution of 18(35/' 

Provision was made for a State election in November, and 
at this election Robert M. Patton, of Lauderdale, was chosen 
governor by a good plurality over Michael J. Bulger, of Tal- 
lapoosa, and William R. Smith, of Tuscaloosa. The total 
of votes cast was less than half the total in the presidential 
election in 1860. 

The legislature met promptly and 
amendment to the United States 
Constitution, after which Governor 
Patton was inaugurated. Governor 
Parsons and George S. Houston were 
elected United States Senators, but 
were not allowed to take their seats. 

Governor Patton was a Virginian 
by birth, but he had lived in northern 
Alabama for many years. Before 
the war he served the State in the 
legislature, and in 18G1 he was presi- 
dent of the senate. As governor he 
exhibited much prudence and intelli- 
efence under circumstances that were 

peculiarly trying and humiliating. He found the people suf- 
fering not merely from the political results of the war, but 
from an actual scarcity of food. Only about one-fifth the usual 
crop of grain had been raised, and in his last message to the 
leo^islature Provisional Governor Parsons had estimated the 
number of those Avho were in need of food at 250,000. In 
his first message. Governor Patton, like Governor Parsons, 
called for help. Through charity, and by the efforts of the 
State and Federal governments, much was done to relieve dis- 
tress ; but the upsetting of the whole labor system of the 
Sou til made business revival very slow. As yet, it is true, 
there was little or no ill feeling between the negroes and 




GOVERNOR ROBERT M. PATTON. 



260 HISTORY OF ALABAMA. 

their former masters, but the blacks were naturally confused 
and excited over the change in their condition, and many 
of them were expecting to live without work. 

Before the end of the war Congress had set up an institu- 
tion called the ^' Freedmen^s Bureau '' for the general care of 
the newly liberated slaves. Many of the agents of the bureau 
were no doubt honest in their desire to help the black men 
fit themselves for freedom, but many were adventurers 
who sought only gain for themselves, and very few under- 
stood the character of the simple and trustful race they 
had to deal with. Besides the bureau agents, there were also 
in the South men Avho had come from different quarters to 
make their fortunes at the expense of the people, now appar- 
ently helpless. These men and the bureau agents were all 
called " carpet-baggers." The carpet-baggers were not offi- 
cers of the regular army ; on the contrary, Union soldiers 
were now often found protecting their former foGmen, wliom 
they respected, from the men who preyed upon them. 

The carpet-baggers found it to their interest to set the 
negroes against the Avhites. They persuaded some of the 
negroes that land and mules would be given to them. The 
consequence was that many freedmen refused to do any work 
whatever and became idle and mischievous.' 

This added greatly to the troubles of the men who were 
trying to put the country on its feet. The legislature pro- 
ceeded to enact laws concerning apprenticeship, vagrancy, 
and the like. Such laws were not necessary under the old 
slave system, but they existed in other communities ; similar 
laws were in force in some of the Northern States. The car- 
pet-baggers, however, said tliat these laws were intended to 
reduce the negroes to serfdom ; and this view was accepted by 
many well-meaning people in the North, and had a strong in- 
fluence on Congress. General Grant had reported to the 
President that the thinking people of the South accepted in 
good faith the results of their defeat, but Congress was ap- 



The Legislature of isee. 



261 



parently distrustful. The representatives and senators chosen 
by iho people and the legislatures of the South were not ad- 
mitted to their seats, and it was soon apparent that Congress 
was not going to accept President Johnson^s plan of restoring 
the State governments. 

The people of Alabama were kept waiting during the year 
186G to see what sort of government they were going to have. 
Meantime, however, a new amendment to the Constitution 
(the fourteenth), giving the negroes the right to vote and to 
hold public office, was proposed. The Alabama legislature 
rejected this amendment, but about 
the same time it asserted in the 
strongest terms the loyalty of Ala- 
bama to the Union. Among its 
other acts during this year were a 
new penal code, laws for the relief of 
debtors, and laws providing for the 
sale of bonds, in order to pay the 
interest on the old debt and thus 
restore the State's credit. A code of 
all the laws, begun some years earlier, 
was completed by Chief Justice 
Walker. The Supreme Court had 
been reconstituted, with A. J. 

Walker, W. M. Byrd, and T. J. Judge as justices. The 
right to testify in certain classes of cases was conferred upon 
the negroes. 

A special census was taken in 1866, and the returns were 
not encouraging. They showed that the number of white 
males had decreased several thousands since 1860, and that 
the black males had also slightly decreased. They also 
showed that the negroes were leaving the country districts 
in large numbers and flocking to the towns, where there was 
little good work for them to do. The year's crop was again 
short, and there was still much distress. Vexed and dis- 




JUDGE A. J. WALKER. 



262 



HISTORY OF ALABAMA. 



coiiraged at home, the people anxiously waited for Congress 
to declare its 23olicy. 

Congress finally set forth its j^lan in March, 1867. Two 
acts, called the Reconstruction Acts, were passed, and they 
justified the worst fears of the people. The State itself was 
practically wiped otf the map. Alabama was made part of 
a military district, under a general of the army, who was em- 
poAvered to remove State officers and set up military courts 
instead of the ordinary civil courts. 

Under this military rule Alabama was to remain until she 

had gone through a long process 
of reconstruction ; until a new 
State convention should form a 
new constitution, with various pro- 
visions carrying out the will of 
Congress — among them, one con- 
ferring on the freedmen the right 
to vote ; and until a legislature 
chosen under the new constitu- 
tion should ratify the Fourteenth 
Amendment. At the end of this 
process Alabama might be read- 
mitted to the Union. Presidents 
Lincoln and Johnson were of opin- . 
ion that Alabama had never been out of the Union, since, 
according to their view, a State could not secede, but 
Congress apparently thought that in some way Alabama 
had ceased to be a State, though Congress also did not 
believe in secession. 

AVhen General John Pope was put in command of the 
military district that included Alabama, the authority of 
Governor Patton practically ceased, although he was nomi- 
nally governor a year longer, and even held the title for some 
months after the end of tlie term for which he had been 
elected. The State was now entering upon the gloomiest 




JUDGE W. M. BYRD. 



^^EW COUNTIES. 263 

period of her history ; her peoi)le were to be iiuiiibled as 
they luid never been humbled before. 

Although the government set up in accordance with the 
President's plan was discredited and destroyed, some of its 
acts had permanent results. These were the acts by which 
it establislied ten new counties. In 1865, Crenshaw was 
formed and named for Anderson Crenshaw, one of the early 
justices of the Supreme Court. In 1866, Bullock, Clay, Cle- 
burne, Elmore, Baine, and Lee were formed. The first was 
named for Colonel Edward C. Bullock, of Barbour, who 
died in the Confederate service during the first year of the 
war ; the second was named for Henry Clay, the great Ken- 
tuckian, and its county seat for Ashland, his home ; the third 
was named for General Pat Cleburne, who fell at Frank- 
lin ; the fourth was named for General John A. Elmore, an 
early settler ; the fifth, which was named for General D. W. 
Baine, of Lowndes, was abolished soon afterwards, but was 
reestablished in 1868 under its present name, EtoAva, a word 
of Indian origin ; and the sixth was named for Robert Edward 
Lee, the great Confederate soldier. In 1867, Colbert, Hale, 
and Jones were set up. The first of these took its name 
from two Chickasaw half-breeds, George and Levi Colbert, 
who once lived in that region ; the second from Colonel 
Stephen F. Hale, of Greene. The name of the third was in 
1868 changed to Sanford, and in 1877 to Lamar, in honor of 
Justice L. Q. C. Lamar, of Mississippi. 

QUESTIONS. 

What was the condition of Ahibama at the end of the war? In what 
way was slavery abolished? Outline President Johnson's i)lan for restor- 
ing Alabama to its place in the Union. What steps were taken by Gov- 
ernor Parsons? How was the convention of 1865 chosen? What were 
its principal acts? What was the result of the State election of 1865? 
What is said of Governor Patton? What is said of the ''Freednien's 
Bureau"? Of the "carpet-baggers"? Mention some acts of the legisla- 
ture in 1866. What was done about the Supreme Court? What did the 
census show? Outline the congressional plan of reconstruction. 



CHAPTER XXXIII. 

ALABAMA RECONSTRUCTED — ADMINISTRATION" OF GOVERNOR 

SMITH. 

The first day of April, 1867, Major- General John Pope, of 
the United States army, was in command of the military 
district which included Alabama, Georgia, and Florida. Un- 
der him, General Wager Swayne took command of the forces 
in Alabama. From that time all civil officers held their places 
only at the pleasure of the military authorities, who had full 
power to carry out the congressional plan of reconstructing 
or rebuilding the government of Alabama preparatory to her 
readmission into the Union. 

It was an essential feature of the plan that the negroes 
should have a right to vote when the time came to choose 
delegates to the State convention, while, on the other hand, 
many white men were to be disfranchised for taking part 
in the secession movement. (In the spring of 1867, the ne- 
groes began to show, by holding conventions and in other 
ways, that they were sensible of their new power. At first 
they showed a disposition to cooperate in a friendly way with 
their former masters, but very soon the evil influence of the 
adventurers who had overrun the State began to appear. Now 
for the first time bitterness of feeling between the two races 
expressed itself in speech and action. The carpet-baggers 
and many of the bureau agents set to work to organize the 
negroes into a party ; it even appeared afterwards that Gen- 
eral Swayne himself had a hand in this work. ^One of the 
subjects of complaint among the negroes was the way they 
were treated on railroad trains and in other public places. 



•"pn 



The Conservative Party. 265 

The ill feeling was displayed at a public meeting at Mobile, 
where there was a riot and two men were killed. On account 
of this, the mayor and other city officials were removed by the 
commanding general. 

This, however, was only one of many instances in which 
the civil authorities were made to feel the superiority of the 
lilitary. \ The carpet-baggers were constantly active, and 
at last they established a ''Black Man's party,^' in alliance 
with the Republican party of the North. Many of the ne- 
groes joined an association called the ''Union League of 
America,^' guided and controlled by the carpet-baggers. 
Meanwhile, the great bulk of the intelligent men of the 
State were undecided as to the best course for them to 
take. 

The work of registering voters was done by men appointed 
by the commanding general. They were all in sympathy 
with the political party in power at the North, and there was 
much complaint of unfairness. When they completed their 
task in August, it appeared that there were about 88,000 
blacks on the lists and about 72,000 whites. General Pope 
named October 1 as the day of the election. On September 
4, a number of intelligent white men met at Montgomery, 
appealed to the blacks against the strangers who had been 
stirring up strife between the races, and made an attempt to 
get a few conservative men elected to the convention. The 
leader in this movement was James H. Clanton, a Confed- 
erate general, who before the war had been a firm friend of 
the Union. He may, perhaps, be fairly considered the founder 
of the "Conservative party,*' which eventually became the 
" Democratic and Conservative par^y," and finally the Demo- 
cratic party of Alabama. 

At the election, a majority of the voters favored holding a 
convention, and at the same time delegates were chosen. It 
proved a strange body when, on November 5, it convened at 
Montgomery to frame a constitution for Alabama. All but 



206 HISTORY OF ALABAMA. . 

four of its members were members of the new " Black Man's 
party/"* which was generally known as the ''Eadical'' party, 
because it favored radical or extreme measures in dealing 
with the que.itions of the day. Seventeen were negroes, who 
had spent most of their lives in slavery, but were now called 
on to perform a duty which requires the highest skill of 
statesmanship. Many of the whites were men who had never 
set foot in the State until the end of the war. E. W. Peck, 
of Tuscaloosa, was the presiding officer. A constitution such 
as Congress desired, conferring the right of suffrage on the 
negroes and denying it to great numbers of the w^hites, was 
framed and submitted to the people for adoption. Among 
other novelties, it established the new office of lieutenant- 
governor. The convention also passed several ordinances 
which it did not submit to the people for approval. One of 
these exempted large classes of property from taxation. 

Throughout all its proceedings, this extraordinary body 
conducted itself as its composition might have led any 
thoughtful person to expect. AVhen it adjourned, the jieople 
were left to discover some method of escaping the mis- 
government that threatened them as a result of its labors. 
The crops of the year had gone far to relieve the distress that 
had prevailed among the poorer classes since the war, but in 
the face of a political prospect so disheartening the mere 
possession of food was not enough to lift the gloom that had 
fallen on all who loved the State. 

At the close of the year. General George G. Meade, the 
victor of Gettysburg, took the place of General Pope, and Gen- 
eral Julius Ilayden took the place of General Swayne. These 
changes were welcomed, but they did little good. The Con- 
servatives saw that they could expect no help even from the 
better people of the North, because they did not know the 
true state of affairs in the South. 

At a conference of Conservatives at ]\Iontgomery, on Jan- 
uary 1, 1868, it was resolved, after long and earnest study 



The Coxstitution of isgs. 



J6r 



of the situation, to try to defeat the new constitution by 
staying away from the polls. The Reconstruction law pro- 
vided that the constitution could be adopted only by a 
majority of all tlie registered voters, and it was estimated 
that this meant about 84,000. At the same meeting, the 
thirtieth of January was named as a day of fasting and 
prayer. 

The plan succeeded. Notwithstanding that General Meade 
kept the" polls open for live days, the total vote for the con- 
stitution was only about 70,000, and therefore he had to 
report that it failed of ratification. 
But the joy of the white people was 
short-lived. Congress now made a 
law that a majority of the votes cast 
should be deemed sufficient. Ala- 
bama was readmitted to the Union 
under a constitution which her peo- 
ple had, in a perfectly lawful man- 
ner, declined to accept. The new 
government, as has often been said, 
was ^'^born of the bayonet.^'' It was 
in every way worthy of its origin. 

Governor Patton, having the 
right to hold his office until his 

successor should be elected and qualified, was nominally 
governor some time after his regular term expired. William 
H. Smith, of Randolph, had been supported for governor by 
those who voted for the ncAV constitution, but Governor 
Patton denied his right to the office. However, Avhen Con- 
gress decided that the constitution should go into effect, 
Patton was removed and Smith Avas inaugurated. 

The legislature, when convened in July, had a curious look. 
The '^ Black Man's party" was in control, and twenty-six of 
the members were negroes. Alabama, like the other South- 
ern States, was simply turned upside down. For the first time 




GOVERNOR WILLIAM H. t«MITH. 



268 HISTORY OF ALABAMA. 

in America, if not in the world, the least intelligent were set to 
work governing States, while thousands of the most intelligent 
were shut out from all authority, and even from the ballot 
box. It was not the fault of the negroes themselves that 
they were thrust into this false position, and we can see now 
that they did no Avorse than should have been expected. If 
they had been left to themselves, the result might have been 
merely comical, but they were not left to themselves. They 
were guided by irresponsible white men, many of Avhom were 
absolutely careless of the welfare and good name of the 
State they governed. 

Alabama was for several years subject to the worst sort 
of government which Americans have ever had to submit to, 
and many citizens, despairing of any decent government, 
began to leave for other States or for foreign countries. 
Those who remained were forced to stand helpless for a time, 
while strange white men parcelled out among themselves the 
posts of honor, leaving to their ignorant followers only the 
lesser places. In 1868, six men, not one of whom had lived in 
Alabama before the war, were sent to represent the State in the 
lower house at Washington, and the two senators, Warner 
and Spencer, were likewise strangers to Alabama. The 
worst effects of misrule, however, were at home. Three new 
justices were placed on the bench of the Supreme Court, and 
in the lower courts judges quite ignorant of law frequently 
made a travesty of its forms. The county and other local 
offices were held, quite commonly, by men unfitted for their 
duties by ignorance and other even less excusable 'causes. 
Meanwhile, though Congress had pronounced the work of 
reconstruction finished, the soldiers were not withdrawn. 

The legislature set about its work with so much energy 
that it held three sessions in the course of the first year. A 
good idea of its character may be formed from the fact that 
many of its measures failed to accomplish tlieir objects be- 
cause of mistakes in spelling. However, sufficient damage 



Reckless Legislation. 269 

was accomplished by those which found a place on the stat- 
ute book. Perhaps the worst of all were those which had 
the effect of destroying the credit of the State. The new 
auditor had found the debt about eight millions. Within a 
year or two the total had risen to an enormous amount. 
Much money was wasted, and some stolen. The chief bene- 
ficiaries were the promoters of railroads. 

A law was passed providing for State endorsement of rail- 
road bonds at the rate of sixteen thousand dollars for every 
mile of track constructed in the State. Within a year, nearly 
three millions of bonds were so endorsed. Then the policy 
of issuing bonds to aid special lines was adopted, and 
millions more were added to the sums for which the credit 
of the State was pledged. Among the roads to which aid 
was extended were the long-projected line to connect the 
northern and southern portions of the State, whicli was 
called the South and North ; the Alabama and Cliattanooga ; 
the Montgomery and Selma ; the Montgomery and Mobile ; 
and some others which were in the end completed. There 
were, however, several companies which only did enough to 
secure the aid so lavishly extended, and in several cases it 
was claimed that this was greater than the amount needed 
to pay all the expenses of construction. Another exam^^le of 
recklessness was the incorporation of a company to improve 
the navigation of the Coosa ; it was to receive a large bonus 
from the State and was allowed four years to begin its work. 

An important enter]3rise of this administration was an at- 
tempt to annex to Alabama the part of Florida lying west of 
the Chattahoochee and Appalachicola rivers. The plan re- 
ceived the approval of the Florida legislature and of the peo- 
ple of the region involved. It was postponed, however, and 
finally abandoned. 

The restlessness of the white people of Alabama under 
their incompetent rulers was manifested in various ways, and 
furnished an excuse for keeping troops in the State. Some 



270 HISTORY OF ALABAMA. 

disorder at Mobile^ which was considered a Conservative 
stronghold^ was made the pretext of an astonishing piece of 
legislation by which the government of the city was entirely 
overturned. Shortly afterwards it was discovered that the 
wording of the bill had been changed by an nnknoAvn hand. 
Such occurrences were common enough in those days. 

As to the general condition of the people, some improve- 
ment might be noted, but the political ills which they suf- 
fered did not permit of a rapid recovery from the effects 
of the war. Large appropriations were made to support 
the public schools, but the funds were unwisely, and in 
some cases dishonestly, administered. The opposition of the 
whites to mixed schools was another obstacle in the way of 
educational progress under the Reconstruction government. 
Some progress had been made in Governor Patton^s admin- 
istration towards the restoring of the University. Steps 
were taken in 1866 for replacing the buildings. The plans 
of Colonel J. T. Murfee, commandant of the University 
Cadets, were adopted, and he was appointed superintendent 
of the work. With other State institutions, the University 
came under the control of the ^^ carpet-bag^' government. 
After several able educators had declined the presidency, 
William R. Smith became president, but only about thirty 
students were enrolled during the session. 

Growing cotton remained, as before the war, the chief 
industry of the State, and the planters were winning some 
success, notwithstanding the changed conditions of labor 
and the heavy internal revenue tax on their product. Sev- 
eral conventions were held to encourage immigration, and 
the development of railroads led to a hope that the plans 
which had been made in the fifties for developing the great 
mineral resources of the upper counties might soon be car- 
ried out. It was felt, however, that prosperity could not 
return until better government should prevail. 

The Conservative party had not given up the fight, and 



272 History of alaba3ia. 

it was not without encouragement. In the presidential 
election of 18G8, the Eepublican majority was only a few 
thousands. In .the congressional elections of the next year 
the Conservatives, now in alliance with the Democrats of the 
Northern States, elected two of their candidates. In the 
autumn of 1870, when the time came to choose successors 
to Governor Smith and his associates, they took the name 
" Democratic and Conservative party, ^^ and won in a hard- 
fought struggle, Eobert B. Lindsay, of Colbert, was chosen 
governor, and Edward H. Moren, of Bibb, lieutenant- 
governor. The Democrats also chose a majority of the 
lower house of the legislature, but in the senate they had 
no chance. The Constitution provided that one-half the 
senators elected in 1868 should hold for two years, and the 
other half for four, but the senators refused to draw lots for 
long and short terms. So all of them stayed in office. 

Three new counties were formed in 1868. The first was 
made up of portions taken from Autauga, Bibb, Perry, and 
Shelby ; it was first called Baker, but the name has since been 
changed to Chilton, in honor of a distinguished Ala]3ama 
jurist. Judge W. P. Chilton. The other two were Escambia, 
named for the river which flows through it, and Geneva, 
named for its chief town, which became the county seat. 

QUESTIONS. 

What was the relation of the civil to the military authorities in Ala- 
bama at the beginning of April, 1867? What effect had the reconstruc- 
tion policy on the relations between whites and blacks? What can you say 
of the following: Mobile riot; " Black Man's party"; Union League; 
Conservative party? Tell about some of the things the constitutional 
convention of 1867 did. What was the Conservative plan for defeat- 
ing the constitution? What was the result of it? What is said of 
Alabama's representatives at Washington ? Of the courts and local 
offices? Of the legislature ? What laws were passed in regard to 
railroads ? What is said of education ? What was the result of the 
elections in 1868, 1869, 1870 ? What new counties were formed ? 



CHAPTER XXXIV. 



ADMINISTRATIONS OF GOVERNORS LINDSAY AND LEWIS. 




GOVERNOK ROBERT B. LINDSAY. 



Governor Robert Burns 
Lindsay was born in Scotland, 
and was educated at the ancient 
Universit^^ of St. Andrews. At 
the age of eighteen he emigrated 
to America. He made his home 
first in North Carolina, and finally 
at Tusciimbia, in Northern Ala- 
bama. Here he was for some 
years a teacher, and afterwards a 
successful lawyer. During the 
fifties he served in both houses of 
the legislature, and in 18G0 he was 
prominent as a Douglas Democrat. He was an accomplished 
gentleman and a scholar, but he was better fitted to adorn 
society in quiet times than to take the lead in such times as 
were now at hand. 

He had a stormy introduction to his duties. Smith re- 
fused to give up the governor's office, claiming that he, and 
not Lindsay, had been elected. He called to his aid a body of 
' United States troops, and also secured an injunction from a 
judge to prevent the president of the senate, whose duty 
it was to declare the result of the election, from doing his 
duty ; but Lieutenant-Governor Moren, having been sworn 
in and having taken his seat as president of the senate, at 
once declared Lindsay elected, and the latter took the oath 
of office. Smith then barricaded the executive office and 
18 



274 HISTORY OF ALABA3IA. 

held out for some days longer under the j^rotection of the 
troops. Finally^ seeing the hopelessness of further resist- 
ance to the popular will, he yielded, and Governor Lindsay 
was permitted to take his place at the head of the govern- 
ment. But the senate was still Kepublican. 

The Avorst of the troubles left to the new administration 
had come about through the acts of the Keconstruction legis- 
lature making the State responsible for railroad bonds. The 
Alabama and Chattanooga Eailroad failed to make the pay- 
ment on its bonds which was due in January, 1871, and the 
bondholders accordingly turned to the State. The governor 
at once took steps to seize the railroad^s property in order 
that the State might be secured against loss, employing 
as counsel the resolute General Clanton. There was some 
difficulty because of the interest of other States in the road, 
but in the end it was seized and operated by Alabama. In 
this case General Clanton rendered his last services to the 
State. AVhile attending court at Knoxville, in the autumn 
of 1871, he was killed by David M. Nelson, who had been 
a Union officer. The funeral of Clanton was marked by 
extraordinary demonstrations of popular grief. The county 
seat of the new county of Chilton was named for him. 

By the end of the year the State was responsible for rail- 
road bonds to the amount of $15,000,000. The Alabama 
and Chattanooga and the Montgomery and Eufaula were 
completed. The South and North had been pushed to the 
neighborhood of Elyton. The number of miles of railway 
in the entire State at this time was about 1,500. 

As yet, however, no great prosperity had resulted from all 
this State aid to corporations. The white people, owning 
nearly all the property, felt that they would have to bear 
the cost, and their discontent increased. The leaders of the 
Kadical party were all the time circulating stories of lawless 
deeds by the Democrats, and in this way were discouraging 
Northern capitalists from making investments. The object 



276 HISTORY OF ALABA3IA. 

of the carpet-baggers was to keep their hold on the State by 
the help of the Federal authorities and to prevent the with- 
drawal of the troops. In this endeavor they were aided by 
occasional riots. Lawless deeds were usually attributed to a 
secret organization known as the ''Ku Klux Klan/' which 
by various rather comical tricks and occasionally by sterner 
measures worked on the superstitious feeling of the negroes 
wherever they showed a disposition to make trouble. We 
shall probably never know who were the leaders of the " Ku 
Klux,'" but the object of the organization was doubtless to 
keep the negroes in order and to overthrow the carpet-bag- 
gers. Whenever anything mysterious occurred, the ^^Klan^' 
was thought to be at the bottom of it, and Congress was sure 
to hear about it. Finally, Congress appointed a committee 
to investigate the matter, and some of the members of the 
committee came to Alabama, while others visited other parts 
of the South. A mass of testimony was taken, but it led to 
no very definite conclusions. 

An important gift was received by Alabama in the year 
1871. Congress had given a large tract of public lands to 
the several States for the purpose of setting up agricultural 
colleges, and from the sale of x\labama^s share 1216,000 was 
obtained. It was first proposed to make the new institution 
a part of the University, but this idea was soon given up, and 
in 1871 the Agricultural and Mechanical College was estab- 
lished at Auburn. The first building occupied was the gift 
of the Methodist Church. The government of the institu- 
tion was committed to a board of trustees, in which each 
congressional district was represented. The president and 
faculty were well chosen. The income of the college has been 
increased by grants from the State and by the " Hatch '" law, 
enacted by Congress in 1887, which made Auburn the seat 
of an agricultural experiment station. The success of the 
^' K. and M. ," as it is commonly called, has been marked. 
Its name is now the Alabama Polytechnic Institute. 



NORMAL College at Florence. 



277 



In general, however, the educational interests of the State 
were not advancing at tliis time. The expenditures for 
common schools under the Reconstruction government were 
not bringing adequate results. At the end of Governor 
Lindsay's second year in office, there was a considerable debt, 
which had to be paid out of the next year's income. A 
normal school for whites was established by the legislature 




in 1871, and was located at Florence, and four normal 
schools for negroes were to be located respectively at Mont- 
gomery, Huntsville, Marion, and Sparta. The University 
was reopened at Tuscaloosa in the autumn, and the cele- 
brated scientist, Matthew F. jMaury, was chosen president. 
He accepted the office, but soon afterwards, feeling that he 
was not likely to be sustained by the men in control of the 
institution, he resigned. Professor N. T. Lupton was for a 
year or two at the head of the faculty. 



278 HISTORY OF ALABAMA. 

The Democratic convention which met in 1872 failed to 
renominate Governor Lindsay, probably for the reason that 
he had not displayed quite the firmness which the times 
demanded. Instead, they nominated Thomas H. Herndon, 
of Mobile, who was in favor of a more vigorous policy. Lieu- 
tenant-Governor Moren was renominated. Li the election 
which followed, the Republicans were successful. General 
Grant, their candidate for President, had a majority of 
nearly 11,000 in the State, and five of the eight seats in 
Congress, to which Alabama was now entitled, were filled by 
Republicans. D. P. Lewis was chosen governor, and Alex- 
ander McKinstry lieutenant-governor. The year before, the 
Democrats in the legislature had chosen George Goldthwaite 
to be United States Senator, but ill health prevented him 
from giving to the State and the country the full benefit of 
his great abilities. 

The legislature elected in 1872 had to choose a successor 
to George E. Spencer, and on the face of the returns the 
Democrats had a majority of both houses. They proceeded to 
organize as usual in the Capitol, counted the votes for State 
officers, and announced the election of Lewis and his as- 
sociates. Meanwhile the Republican members had got to- 
gether in the court-house, and with them were several candi- 
dates who claimed to have been elected instead of Democrats 
who received certificates from the election officers. 

The two bodies were called respectively the ^' Capitol legis- 
lature '' and the " Court-House legislature. '' Governor Lewis 
had no sooner got into office than he recognized the irregu- 
lar court-house assembly, to which he sent a message. When 
the Capitol legislature persisted in standing on its rights, he 
called in the troops to his aid. He then asked the attorney- 
general of the United States to outline a plan of compromise, 
and this plan the Democrats, under the strong persuasion of 
the troops encamped on a vacant lot adjoining the Capitol, felt 
themselves obliged to accept. The compromise was of such a 



Financial Difficulties. 279 

nature that the Democrats lost their majority in the legis- 
lature. Another term in the Federal Senate was given to 
Spencer, and Alabama was once more in the power of the 
'^ Black Man's party/'' A witty old judge about this time 
said to a young man who asked his opinion on the advisa- 
bility of studying constitutional law : *^My friend, I advise 
you to study all the unconstitutional law you can find/' 

The State had endorsed railroad bonds to the amount of 
over $17,000,000. The Alabama and Chattanooga was in 
the hands of a receiver, and the State was trying to get it 
sold out. But the men who had wrecked the credit of 
Alabama now found a difficulty in running up any more 
debts. They learned at last that a nation or a State when 
it wishes to borrow money is dependent on those who have 
it to lend. People will not lend to a State unless they have 
good reason to believe that their principal and interest will 
be paid in money just as good as their own. Alabama was 
not regarded as an honest State under its new rulers, and 
that was the reason why Governor Lewis had to tell the 
legislature that he could sell no bonds except on ruinous 
terms. Moreover, in 1873 there was a financial panic which 
was general throughout the country, but particularly dis- 
tressing in the South, whose people had only begun to 
recover from the effects of the war. Several Southern cities 
were scourged with yellow fever. Many of the bravest and 
truest men of Alabama were now near the point of despair- 
ing. It is estimated that the number of emigrants from the 
State exceeded the losses in battle during the war time. 

But the year 1874, a good year for Alabamians to remem- 
ber, brought evidence that the honest people of the North 
were at last beginning to understand the true situation in the 
South. The Democratic party, protesting against any fur- 
ther persecution of those who had been Confederates, ])ut who 
were now striving for their rights as citizens of the United 
States, swept the North in the congressional elections. 



280 



HISTORY OF ALABAMA. 



The Democrats of Alabama chose as their leader George 
S. Houston, a man who in wisdom and honesty must take 
rank with the very foremost of all who have held public 
office in the State. Their organization was perfect and their 

shrewdest leaders were in com- 
mand. Walter S. Bragg was at 
the head of their State Committee. 
The opposition tried every trick 
they could think of. The old 
cry against the '^Ku Klux'^ was 
raised again. An appropriation 
was obtained from Congress on the 
plea that the Alabama rivers were in 
a state of overflow, and the money 
was expended to influence votes in 
towns which, as one writer says, 
'Hiad not been under water since 
the days of Noah's Ark."*' 
But the carpet-bagger's day was over. The Democrats 
elected a majority of both houses of the legislature, and all 
but two candidates on their State ticket were successful by 
more than 10,000 majority. Three lawyers of marked abil- 
ity and liigli character, Robert C. Brickell, Thomas J. Judge, 
and Amos E. Manning, were elected to places on the bench 
of the Supreme Court. No one who witnessed the scenes of 
joy that followed the election will ever forget them. 




JUDGE ROBERT C. BRICKELL. 



QUESTIONS. 

\Yhat is said of Governor Lindsay ? Describe the struggle through which 
he entered his olfiee. What was done about the railroads ? What was 
the policy of the carpet-baggers ? What is said of the " Ku Klux " ? 
How was the Agricultural and Mechanical College founded ? What is 
said of education at this time ? Describe the political changes of 1872. 
Tell the story of the rival legislatures. What was the result of the effort 
to aid the railroads ? Describe the election of 1874. 



CHAPTER XXXV. 



ADMINISTRATION OF GOVERNOR HOUSTON. 




OOVEKNOR GEORGE S. HOUSTON. 



George Smith Houston was born 
in Tennessee in 1809, and was 
brought to Alabama in his child- 
hood. He first won distinction as a 
lawyer. In 1841 he entered Con- 
gress, and with the exception of one 
term he served continuously until 
Alabama withdrew from the Union. 
In Conorress he was at one time 
chairman of the committee on ways 
and means, and at another time 
chairman of the committee on the 
judiciary — the two most important 
of the congressional committees. He was a Unionist, and 
opposed secession to the last, but in the gloomy times of 
defeat he cast in his lot with his own people, and never 
stooped to reproach them with the results of their course. 
Lieutenant-Governor Ligon, of Macon, was a lawyer who 
had done good service in the legislature. 

The men who now came into power in Alabama knew that 
they were in office as a result of something more than a party 
triumph. It had come to be a question whether ignorant 
colored men, led by strangers, or the white men who had 
always lived in Alabama, should rule the State. Governor 
Houston and his associates set to work very gravely and 
earnestly to undo the miscliief tliat had been done by their 
opponents and to the end that Alabama might regain her old 



282 HISTORY OF ALABA3IA. 

standing among the States and that her people might once 
more take heart and lift up their heads. It was no easy task 
they had before them. 

The debt was the first thing they had to consider. An 
investigation showed that the total debt of the State, inck;d- 
ing the endorsed railroad bonds, was over twenty-five millions 
of dollars. It also showed that public funds had been handled 
in a criminal way, and that it was almost impossible to find 
out what sums the State owed justly and what sums were 
unjustly charged against her. The legislature, following the 
plan adopted when the State Bank failed, empowered a com- 
mission to look into the whole matter and report. The 
members of this commission were Governor Houston, Levi 
W. Lawler, of Talladega, and T. B. Bethea, of Montgomery. 
The young reader who likes to think of the soldier as the 
type of a patriot will have to be reminded again that the 
credit of a State in modern times is its very life-blood in 
order for him to understand that the work these men had to 
do was quite as important as the fighting of a battle for 
Alabama. 

It was a year before the commission made its report. It 
then made a complete and careful statement of the facts, and 
proposed a plan of settlement. The main fact was that the 
State was bankrupt : the debt was too much for the people 
to bear at the prevailing rates of interest, as only two of the 
railroads which the State had helped were paying interest on 
the bonds for which the State was responsible. It was also 
made clear that a large part of the debt was due to corrupt 
office-holders. The plan of settlement included the scaling 
down of some claims against the State and the refusal to pay 
others. It was recommended that the State issue new bonds, 
bearing a reasonable rate of interest, instead of those bearing 
an unreasonable rate. As to the railroads which had failed 
to meet their payments of interest, it was recommended that 
the State, which held a first mortgage on their pi-operty. 



Constitutional Convention of isis. 283 

should turn this over to their creditors as a full satisfaction 
of their claims. The Alabama and Chattanooga road was 
sold at public outcry in October, 187G, under an order of a 
United States court, the rights of the State being reserved. 
Alabama was now ready to give u]3 her experiment with rail- 
roads, as she had long ago quit experimenting with banks. 

The legislature adopted the recommendations of the com- 
mission and gave it authority to carry out its own plan. The 
work was faithfully performed, but it was many years before 
it could be finished. The final result was that the State's 
bonds rose and rose until they sold at and above par. 
Alabama thus regained her reputation for ability and willing- 
ness to pay her debts. The interest on her bonds has been 
paid promptly ever since the settlement was made, and the 
principal has been reduced from time to time. 

A similar plan was adopted by the various counties and 
cities which had been bankrupted by their Reconstruction 
rulers. The misgovernment of these smaller communities 
had been even worse than the misgovernment of the State. 

The second of the tasks which Governor Houston and his 
party undertook was no lighter than the first, but it was ac- 
complished more quickly. The constitution of 1868, framed 
by men who did not properly represent the people of Alabama, 
was not satisfactory. The legislature accordingly submitted 
to popular vote the question whether or not another consti- 
tutional convention should be held. At the same time, the 
polls were opened for the choice of delegates in case it should 
appear that a majority favored the holding of a convention. 
The election was held August 3, 1875, and the people decided 
to have a convention. Of the delegates chosen, eighty were 
Democrats, and among them were many of the foremost 
citizens of the State. The convention met at Montgomery 
early in September, 1875, and completed its work in less 
than a month. The result was the present constitution of 
Alabama. 



284 ' HISTORY OF ALABA3IA. 

As we have already examined the first Alabama constitu- 
tion, and as that model was always before the convention, 
it will not be necessary to go through all the clauses of the 
new constitution. There were, however, some important 
changes, for Alabama had learned some lessons since 1819. 

The clause in the constitution of 1865 abolishing slavery 
was repeated. So was the declaration in the constitution of 
1868 that ^^no State has a right to withdraw from the 
Union,"' and so was the provision that no man should be 
deprived of his right to vote on account of his race, his 
color, or the fact that he had been a slave. These clauses 
together may be taken as the final statement of the results 
of the war in Alabama. 

In the part of the constitution which relates to the making 
of laws, there were also some new clauses of importance. It 
was provided that the legislature should meet every two 
years ; that no session, after the first under the new con- 
stitution, should last longer than fifty days ; and that mem- 
bers should not be paid more than four dollars a day. 

In that portion of the constitution which relates to the 
execution of the laws, the principal change was the omission 
of the lieutenant-governor from the list of officers. It was 
provided that the president of the Senate should discharge 
the governor's duties in case of his death, resignation, or 
inability to serve. 

The constitution as a whole was adopted by the conven- 
tion with but two dissenting votes. November 16, 1875, it 
was submitted to a vote of the people and was adopted by an 
overwhelming majority. It went into effect December 6. 

And now, with her civil institutions in the hands of those 
best fitted to manage them, Alabama entered upon the year 
1876, the centennial year of American independence. The 
legislature provided for an exhibit of the State's resources at 
the Centennial Exposition at Philadelphia. John T. Milner, 
whom we saw as a young man in the fifties surveying the 



FEDERAL Troops Withdrawn. 285 

route of the Soutli and Xorth Railroad, was wisely placed at 
the head of the commission in charge of the exhibit. Ala- 
bama was now a part of the Union in a sense in which it 
never had been before, for now the great difference in 
institutions, which had kept the Soutli and Xorth apart, 
no longer existed. 

At the election in August, 18TG, Governor Houston had an 
easy victory over his opponent, Woodruff. At the presidential 
election in Xovember, Alabama went for Tilden and Hen- 
dricks, the Democratic candidates for President and Vice- 
President, respectively ; but these men, who stood for a. 
kindly policy toward the South, were deprived of the high 
offices to which they claimed to have been fairly elected. 
However, Rutherford B. Hayes, who was seated as President, 
finally withdrew the Federal troops from Alabama. 

Governor Houston^s second term was mainly occupied with 
the work begun in his first. The legislature, during the 
session of 1876-77, gave much of its attention to the edu- 
cational system which the new constitution required it to- 
organize. To sustain the common schools of the State, all 
the funds derived from the '^'^ school lands " given by Con- 
gress, from escheats, and from poll taxes were turned over to 
the proper authorities. In addition, the legislature decided 
to make a yearly grant of 1130,000. Separate schools were 
provided for whites and blacks, and the cities were allowed 
to manage their own schools. Soon there were better results 
than had come from the liberal but unwise expenditures of 
the carpet-baggers. 

Meanwhile, the higher institutions were not neglected. 
By the constitution of 1875, the affairs of the State Uni- 
versity were committed to a board of trustees nominated by 
the governor and confirmed by the Senate. In 1878, William 
R. Smith, who had been president for several years, was suc- 
ceeded by General Josiah Gorgas, a man of the highest repu- 
tation, whose appointment at once inspired confidence in the 



280 HISTORY OF ALABAMA. 

institution. Failing health, however, led to his resignation 
the next year. The normal school for whites at Florence 
was growing in strength, and the normal schools for blacks 
at Marion and Huntsville made rapid progress. 

Politics had now ceased to have the lirst place in the 
thoughts of the people. Under the provisions of the new 
constitution, there was no election in 18TT. The next year, 
the Eepublicans made no nominations at all, and the Demo- 
cratic candidate for governor, Euf us W. Cobb, of Shelby, was 
elected without opposition. Shortly afterwards, the legisla- 
ture chose Governor Houston to succeed Spencer in the 
United States Senate. John T. Morgan, of Dallas, had al- 
ready gone to take the place of the lamented Goldthwaite, 
and Alabama had now two representatives in the Senate who 
were considered by many her two foremost public men. In 
the lower house of Congress she was represented by a solid 
Democratic delegation which included men of high ability. 

One new county was established in the northern part of the 
State in the year 1877. Both the county and the county 
seat w^ere named for Colonel John G. Cullman, a German, 
who had led into the wilderness along the line of the South 
and North Railroad a colony of his countrymen. The coming 
of these immigrants and the founding of a town in this re- 
gion marked a great change that was taking place in northern 
and central Alabama. AVe can now turn from the tiresome 
details of politics to find out what the change w^as, and how 
it came about. 

QUESTIONS. 

What is said of Governor Houston ? What did the administration 
and tlie legislature do about the debt ? Describe the work of the consti- 
tutional convention under these lieads: Secession and slavery; the legis- 
lative department; the executive; the suffrage. What is said of the 
centennial year? Describe the election of 1876. What was done for 
education during this administration ? What were the political changes 
of the year 1878 ? What nevr county was established in this adminis- 
tration, and bv whom was it settled? 



CHAPTER XXXVI. 



ADMIXISTKATIOX OF GOVEKXOR C015B. 




Governor Cobb was a native 
Alabamian of good Virginian de- 
scent. His reputation as a public 
man was due chiefly to his good 
sense, the moderation of his views, 
and his integrity. These qualities 
had made him a successful lawyer, 
a good soldier, and a useful member 
L^^m ^C ^^^ of the legislature. He was the sort 
^^^m ^^^M of governor who finds his best op- 

m^ ^m portunity in the careful discharge 

GovERNou RUFus w. COBB. of cvcry duty of his office rather 

than in any brilliant performance. 
He held the place at a time when the people were content 
to leave well enough alone in politics while they gave their 
energies to business. 

Perhaps the best way for us to realize the change that was 
now coming over Alabama is to fix our minds on the change 
that has come within the last quarter of a century over a few 
square miles in a certain valley a little to the northward of 
the centre of the State. A traveller in the beginning of the 
seventies might have found the journey to this particular spot 
somewhat tiresome. He could reach it only over ordinary 
country roads, and when he arrived he found only fields of 
reddish clay, of an appearance not very agreeable. The little 
village of Elyton, a few miles away, was by no means impos- 
ing. The inhabitants of the region, though mainly of good 



288 HISTORY OF ALABAMA. 

stock, were not very wealthy, and the county, Jefferson, did 
not rank ^ high in population. The main industry was 
farming. 

To-day the traveller can approach this point over any one 
of half a dozen trunk railroads. If he come by day, clouds 
of smoke will tell him when he is approaching his journey's 
end ; if by night, he will see the whole region lighted up 
by the fires of many furnaces. He will find himself passing 
through important suburban towns before he leaves his train, 
and then he will find himself in the centre of the most im- 
portant industrial community of the State, itself the centre 
of industrial enterprises far surpassing any that were ever 
attempted in the Alabama which we have been studying. If 
such a traveller were an Alabamian who had been absent 
from the State since Eeconstruction times, he might very 
well question whether he had got back to Alabama at all. His 
doubts would begin to disappear as lie recognized on the 
streets of the new city the faces of men who in the old days 
were leadiug citizens of other communities in the State 
and in neighboring States, but he would again be puz- 
zled at finding among them many Northern men, not 
distrusted as carpet-baggers, but esteemed and honored as 
loyal and public-spirited members of society, in thorough 
sympathy with the people among whom they live. 

Our traveller's surprise would be natural enough, but Sir 
Charles Lyell, the great English geologist, who travelled in 
this region away back in the forties, would not have been 
surprised if he had lived to see the change. His trained eye 
had seen the future Birmingham in the ugly red hills that 
looked down on Jones's valley, for those hills were full of 
iron ore, and coal and limestone were also at hand. Perhaps 
the Civil AVar really delayed the development that was sure 
to come ; but many have thought that only free labor could 
take full advantage of the opportunity which the early 
settlers of Alabama neglected when they passed over these 



CHARTER TO BIRMINGHAM. 289 

hills and souglit the fairer lands to the southward and west- 
ward. As a matter of fact, the beginning of Birmingham 
was the crossing of two important railroad lines, the South 
and North and the Alabama and Chattanooga, in the neigh- 
borhood of Elyton. John T. Milner, of the South and 
North, was one of the first to see the importance of the 
point, and the managers of both lines soon realized it. So 
also did Josiah Morris, a banker of Montgomery, and James 
R. Powell, a planter of the Yazoo country ; but to mention 
these names would be unjust if Ave should thereby seem to 
neglect the share which other men had in building up the 
city. The projector of the Alabama and Chattanooga road, 
J. C. Stanton, was himself mindful of the possibilities of the 
red hills. The energies of many men from many quarters 
were brought to bear. 

When the Elyton Land Company was formed, with the 
express purpose of founding a city at the junction of the 
two roads, Josiah Morris was its chief financial support and 
Powell was its president and had most of the active work to 
do until the movement passed beyond the control of the 
company. For some years Powell was at the head of the 
young community, and he displayed tireless industry and 
much intelligence. Even before the junction of the two 
railroads, he had successfully carried through a public sale 
of lands. The legislature granted a city charter to Bir- 
mingham in 1871. By the summer of 1873 it was estimated 
that 2,500 people were assembled in the hastily built houses 
of the new city. 

But that year the enterprise got a crushing blow. First 
there was an epidemic of cholera, then a financial panic. 
The company seemed on the verge of collapse, and it was six 
years before the earlier hopes of its founders revived. 

In 1879, however, the Pratt mines were opened a few 
miles to the westward, and the Alice furnace went into 
blast. Thousands of Alabamians left the plantations to seek 
19 



290 HISTORY OF ALABA3IA. 

their fortunes in the mines, the mills, and the factories of 
the region which for so many years they had neglected. 
Birmingham, growing in importance itself, became the rep- 
resentative of a movement far more important. The country 
around it became the seat of new enterprises, which led to 
the building of new towns and cities. Other places where 
coal and iron abounded were visited by capitalists, and other 
old fields were laid out on the lines of cities. In some cases 
these enterprises ended in failure and disappointment, but 
in others the results were good and lasting. The Tylers and 
Xobles at Anniston may almost contend with the fou^iders 
of Birmingham for the credit of being first in the general 
movement. Enterprising men from the Northern States 
and from other countries were soon attracted. The older 
towns and cities began to feel the effect and to take their own 
prospects of growth into serious consideration. The whole 
State seemed to have caught the spirit of progress, and a 
new hopefulness lifted up the people. 

For a while, in fact, there Avas a speculative craze like that 
which prevailed in the '^ flush times'' just before the failure 
of the State Bank. But after all, it is hard to exaggerate 
the importance of what has actually been done since the 
people turned their attention to the mineral resources of the 
State. It can never again be the same sort of State that 
went out of the Union and came back into it. It is clear 
now that Alabama, though agriculture remains her chief 
industry, is to be a State of varied industries, so that no one 
occupation shall ever absorb the energy of her people or the 
care of lier rulers. It will be a good exercise for the young 
reader to ask liimself what effect the development of the 
mineral region is going to have on the habits of life, on the 
politics. State and national, on the minds and characters of 
Alabamians. 

This industrial development was favored by quiet political 
conditions. True, the Democrats were constantly complain- 



MOBILE'S FINANCIAL CONDITION. 



291 



ing of the Federal office-holders in the State, and the Repub- 
licans were constantly accusing the Democrats of suppressing 
negro votes. But it was pretty clear now that the Democrats 
were in power to stay. 

Tlie legislature busied itself with taxation and other ordi- 
nary subjects. The city of Mobile demanded considerable 
attention. It had fallen so deeply in debt that the city 
government gave up the attempt to set its affairs in order, 
and the legislature accordingly repealed its charter. Mobile 
in consequence ceased to be a city and was known simply as 
a port. It Avas at this time feeling 
the effect of the competition of N"ew 
Orleans, as it had many years before, 
in the days of French rule along the 
coast of the Gulf. In the year 1878, 
it suffered from yellow fever, which 
at the same time attacked several 
other cities in the State. In later 
years, however. Mobile, with an im- 
proved harbor, has regained its 
standing as an important commer- 
cial and financial centre. 

Mobile's financial condition in 
1870 Avas by no means like the con- 
dition of the State at large. That year, in the process 
of refunding the debt, the legislature authorized the issue 
of bonds to the extent of a million dollars. Financiers in 
Boston offered a premium for the entire issue. An offer 
was also received from Alabamians at a higher premium. 
The result was that the legislature decided to offer the bonds 
at a lower rate of interest. 

At the election in 1880, Governor Cobb was again the 
candidate of the Democrats. The Republicans made no 
nominations, and the only opposition came from a new party 
called the " Greenbackers/' whicli favored the issue of more 




JAMES L. PUGH. 



292 



HISTORY OF ALABAMA. 



paper money by the Federal government. This party had 
not much strength in Alabama, and its candidate, Pickens, 
was defeated by a great majority. At the Presidential elec- 
tion in November, Hancock and English, the Democratic 
candidates, carried the State by a good majority, but Garfield 
and Arthur, the Kepublican candidates, were elected. All 
the Congressmen chosen in Alabama were Democrats, but 




From photograph. 



OLD CAHABA. 



General Shelley, of the fourth district, was unseated in favor 
of his Republican competitor. The legislature was over- 
whelmingly Democratic, and one of its first acts was to elect 
James L. Pugh, of Barbour, to fill out the unexpired term of 
Senator Houston, who had died before he could take his 
seat. The immediate successor of Senator Houston was Luke 
Pryor, of Limestone, who held by appointment from January, 
1880, until the election of Senator Pugh. 

The returns of the census of 1880 Avere encouraginff. The 



Railroad Commission. 293 

population had increased to 1,262,103, the whites outnumber- 
ing the bhicks by over 02,000. Of the cities. Mobile was still 
first, with over 30,000 inhabitants; Montgomery was second, 
and Selma third. The long rivalry between Selma and the 
old capital, Cahaba, was now ended, and Cahaba was num- 
bered with the dead cities while men yet lived who were alive 
when it was founded. The greater enterprise of its rival in 
securing railroads was the immediate cause of its downfall. 
It is said that the leading citizens of Cahaba laughed at the 
notion of building a railroad through the canebrake, pre- 
dicting that the cars would sink in the mud. 

The one distressing fact revealed by the census was that 
about 370,000 persons in the State above the age of ten could 
not read or write. Most of these were negroes. However, 
progress was being made in the work of education. Out of a 
total school population of 388,000, nearly one-half were en- 
rolled as pupils in the public schools. 

Complaint of extortion by the railroads led to the most 
notable legislation of Governor Cobb's second term. A com- 
mission, known as the Alabama railroad commission, was 
established to take such complaints into consideration and 
in a general way to supervise the relations between the rail- 
roads and the people. This commission is still in existence, 
and its members are considered important public officials. 
The property of the railroads was by this time assessed at 
more than $16,000,000. 

At a convention held in June, 1882, the Democrats nom- 
inated Edward K. O'Neal, of Lauderdale, to succeed Governor 
Cobb. The ^^Independent Greenback" party nominated 
James L. Sheffield, of Marshall, and the Republicans endorsed 
the nomination. The entire Democratic ticket was elected. 
Soon after the election. Judge Manning, of the Supreme Court, 
died, and 11. M. Somerville, of Tuscaloosa, was appointed in 
his place. The court, in the few years since it was redeemed 
from the carpet-baggers, had been called on to render some 



294 HISTORY OF ALABAMA. 

very important decisions and had made good headway to- 
ward reestablishing its old-time reputation. It is perhaps a 
misfortune that the work of courts, especially when the bench 
is occupied by really able judges, is done so quietly that the 
ordinary observer, outside of the legal profession, hears little 
about it. If there is one department of their government 
which Alabamians ought to hold in especial honor, it is their 
judiciary. 

The Congressmen chosen this year were all Democrats, 
but General Shelley was again unseated by the House of Rep- 
resentatives. 

QUESTIONS. 

What is said of Governor Cobb ? Describe the change that has come 
over Jones's Valley since the early seventies. Tell the story of Birming- 
ham's beginnings. Mention some of the leading men in the movement. 
What is said of the new indnstrial moA'^ement in general ? What were 
the political conditions during this administration ? What is said of 
Mobile's troubles ? Describe the election of 1880. What were the prin- 
cipal facts revealed by the census ? What is said of the cities ? Describe 
the election of 1882. What is said of the Supreme Court ? 



CHAPTER XXXVII. 



ADMINISTRATION OF GOVERNOR O^NEAL. 




GOVERNOR EDWARD A. O'NEAL. 



Edward Asbury O'Neal was 
a native of Madison County, Ala- 
bama, and of Irish and Huguenot 
French descent. He was educated 
at LaGrange College and studied 
law under Colonel James W. Mc- 
Clung, of Huntsville. Distin- 
guished as a lawyer while still a 
young man, O'Neal won distinction 
also as a secessionist leader and as 
a soldier in the Civil War. He 
served in the Virginia campaigns, 
and at Chancellorsville commanded 
at the point of attack on the Federal right. Before the 
end of tlie war, he was in command of a brigade. He was 
reelected governor in 1884 with little opposition, and thus 
served four years. 

The questions with which the legislature had to deal dur- 
ing this administration were not of an exciting nature. The 
assessment and collection of taxes, the tax rate, the treat- 
ment of convicts, the proper relation of the State to railroads, 
and similar questions were discussed. The city of Selma was 
deprived of its charter, as Mobile liad been, and for similar 
causes ; but, as was also the case with Mobile, it got back its 
charter after a while. 

In order to further the interests of the farmers, a State 
department of agriculture was established, headed l)y a com- 



29G HISTORY OF ALABA3IA. 

missioner. The governor was empowered to name the com- 
missioner^ and his choice fell on Judge Edward 0. Betts, who 
entered with great zeal upon tlie duties of the new office. 
Among the more important of these duties Avas the forma- 
tion of State and local associations among the farmers for 
purposes of instruction and consultation ; the investigation 
of various topics in agriculture ; the protection of the farmers 
against worthless mixtures offered for sale as fertilizers ; and 
the encouragement of immigration. The expenses of the 
office have been defrayed almost completely by the license 
tax on commercial fertilizers. 

If the work of the legislature was unexciting, another de- 
partment of the government made amends, for the most 
sensational incident in the history of the State belongs to 
this administration. One of the State officers chosen on the 
ticket with Governor O'Neal was Isaac H. Vincent — " honest 
Ike Vincent/' as he was often called — who had already served 
two terms as treasurer, but whose popularity broke in his 
favor the unwritten law by which State officials got only two 
terms of continuous service. Toward the close of January, 
Vincent left Montgomery, telling his family that he was going 
on a hurried visit to New York. But however hurried his 
departure, his return was rather slow, for it was over four 
years before he was again seen in Alabama. Meanwhile, a 
committee of the legislature appointed to examine his ac- 
counts found a shortage of more than 1250,000. The 
governor immediately offered a large reward for his arrest, 
but for several years all efforts to find him were unsuccessful. 
His bond was missing, and so was the record of it in the 
office of the secretary of state. From three of the men who 
were known to have signed it about $50,000 was collected, 
and the State had to bear the loss of the rest. Nothing was 
heard of Vincent himself until March, 1887, when he came 
back a prisoner in the hands of a Texan named Ray to take 
the punishment of his crime. He was promptly tried on one 



A KFW OFFICE ESTABLISHED. 



297 



of the many indictments against liim, convicted, and sent to 
the penitentiary. His is the most consi^icuous example of 
crime in high places that Alabama history affords. One 
important result of the incident was the establishment of a 
new office. The holder of tliis office is called the examiner 
of public accounts. Through him the State can keep a 
closer watch over men entrusted with public moneys. 




From photograph. 



ALABAMA NORMAL COLLEGE, LIVINGSTON. 



Notwithstanding the serious loss sustained through the 
crime of Vincent, the finances of the State were in a good 
way, and the next year the administration was enabled to 
congratulate the people on the fact that the treasury was 
fuller than at any other time in its history, while the tax 
rate, already low, could safely be lowered, still further. 

In 1883, a normal school for girls was established at Living- 
ston. Miss Julia Tutwiler, who was connected with the 
school from its beginning, is well known for her work in edu- 
cation and charity, and is further endeared to the people of 



298 



HISTORY OF ALABAMA. 



Alabama by the respect in which they hold the memory of 
her father, Professor Henry Tutwiler. He Avas for many 
years principal of a famous school for boys at Green Springs. 
The educational interests of the State were again promoted 
in the year 1884 by a substantial grant from the general 
government to the State University. The grant consisted 
of a large tract of land, more than 46,000 acres, and was to 
be applied, so far as necessary, to making good the losses sus- 
tained when the buildings were burned by Federal troops 

during the war. The gift has been 
carefully administered. 

In general, it may be said that 
the year 1884 marked the height of 
the first period of the new industrial 
life of the State. The railroads had 
nearly 2,000 miles of track in opera- 
tion. The output of iron, which in 
1870 was but little over 7,000 tons, 
had risen to 125,000 tons. While 
the black belt was still the richest 
part of the State, Jefferson had 
taken its place among the five 
counties paying the heaviest taxes. 
The people were making good headway toward the high 
destiny in the Union to which Alabama confidently looks 
forward. 

And yet, when, in the month of April, Jefferson Davis 
came to Montgomery for the last time, in order to dedicate 
a new monument to Alabamans Confederate dead, a vast 
multitude, gathered together from all over the State, showed 
by their enthusiasm that the people of Alabama held him in 
even greater honor and affection than when lie was the com- 
mander of mighty armies. Mr. Davis^s visit was an event of 
the deepest interest. His address was simple, manly, and 
dignified. 




PROPESSOn HENUY TUTWILER. 



Good Condition of the State. 299 

Later in the year, a financial depression of a general nature 
brought a jDause in the city-building and mine-opening, but 
no permanent stop. Perhaps it was not altogether a bad 
thing, for the excitement over the development of the State 
had come to be somewhat demoralizing. 

Politically, the State was still quiet. Chief Justice Brickell 
retired from the bench, and Judge Stone was promoted to his 
place. Judge Stone's seat was given to Judge David Clopton, 
and these, with Judge Henderson M. Somerville, made up a 
court which commanded the respect of lawyers throughout 
the Union. At the election in November, all the Congress- 
men chosen were Democrats, and Alabama contributed to 
the great Democratic victory of that year which placed 
Grover Cleveland in the White House. For the first time 
since the war, the majority of the white people of Alabama 
were in sympathy Avith the administration at Washington. 
Federal offices in the State Avere now filled by men who for 
many years had been proscribed from such preferment. How- 
ever, the time was almost at hand when the Southern people 
could consider national questions quite apart from the vexa- 
tious old sectional diiferences. 

Governor O'Neal, in his final message to the legislature, 
near the close of the year 1886, took occasion to say : "' Dur- 
ing the past two years the State has "been peculiarly blest." 
There had been no great disasters ; crops had been good ; 
much new capital had come into the State ; the development 
of its mineral wealth had gone on rapidly ; taxes were light, 
and yet there was a good balance in the treasury. The 
debt, of Avhicli the greater part was bonded at four per cent, 
interest, was no longer an insupportable burden. 

In these circumstances the people showed little disposi- 
tion to find fault with the party in power ; the election of 
the Democratic candidates for State offices was a foregone 
conclusion. The only serious contests were among the 
Democrats themselves in the State convention. Before 



300 HISTORY OF ALABAMA. 

this body. Gen. Henry D. Clayton, Capt. John M. McKleroy, 
Col. ^. H. E. Dawson, and Thomas Seay appeared as can- 
didates for the nomination for governor. The contest was 
long and exciting, and ended in the nomination of Mr. Seay. 
He was elected in August by a large majority over a merely 
nominal opposition. Chief Justice Stone and Justices 
Somerville and Clopton were reelected. The congressional 
elections in the autumn resulted in Democratic success in 
all the districts. 

QUESTIONS. 

What is said of Governor O'Neal ? What new State department was 
established ? For what purpose ? Tell the story of Vincent's crime. 
What new State office was established in consequence of it ? What is 
said of education at this time ? Of the industrial conditions ? Of the 
visit of Jefferson Davis ? What were the results of the State and national 
elections in 1884 ? Mention some of the reasons why Governor O'Neal 
congratulated the State at the end of his administration. What were 
the chief political events of the year 1886? 



CHAPTER XXXVIII. 



ADMINISTRATION OF GOVERNOR SEAY. 



GOVERNOR THOJIAS SEAY. 



At the time lie was inaugurated, 

^^■Hj^ Governor Seay was one of the 

j^^^^^^^ younger public men of the State. 

^HL ■ He was born in Greene County in 

IP^ >sy^ 1846, and was consequently only a 

boy during the Civil AVar, but none 
the less he saw service, and was a 
good soldier. For ten years he was 
a State senator, and toward the close 
of his career in the Senate he was 
president of the body. His strength 
in politics was based on the sweetness 
of his disposition, Avhicli made men 
love him, his honesty of purpose, and his thoughtful and 
eminently reasonable attitude on the public questions of 
his time. There were few who knew him in public or pri- 
vate life who were not his friends, even though they might 
be political opponents. 

He found the State in good condition, with many avenues 
of progress open, and into these he constantly sought to lead 
the government and the people. When, during the first year 
of his administration, the President of the United States 
visited Alabama, Governor Seay welcomed liim to Montgomery 
ill a speech that was full of enthusiasm over the new ideas of 
industrial development, and the President, in his address at 
the State Fair at Montgomery, expressed the new fooling of 
trust in the South which had grown up in the North and East. 



302 



HISTORY OF ALABA3IA. 



The legislature of 1886-1887 was notable for the work it 
accomplished : 563 bills and resolutions were passed before its 
final adjournment on the last day of February. One of its 
acts was the appropriation of three thousand dollars a year 
for the maintenance of a Kormal School at Troy on condi- 
tion that a suitable building should be provided. This was 
quickly done by the people of Troy, and the school was 
opened in September, 1887. Appropriations were also made 




From photograph 



NORMAL SCHOOL, TROY. 



for a university for colored people and for a separate hospital 
for the colored insane ; but the university was not established, 
because the money was appropriated from the common school 
fund, and the Supreme Court decided that this was not 
warranted by the constitution. It had been intended to aid 
tlie proposed university at the expense of the colored normal 
school at Marion. As a result of the decision of the court, 
the next legislature concluded to keep up the normal school, 
but not at Marion. It was accordingly removed to Mont- 
gomery, and has flourished there ever since. 



Flourishing Towns. 303 

The legislature also gave much attention to the restriction 
of tlie sale of liquor. By this time a custom had grown up 
of granting prohibition laws to those counties and towns 
whose inhabitants desired them. A ^Hocal option law," ap- 
plying to a considerable portion of the State, was now passed, 
the principle being that any community desiring prohibition 
can have it. 

However, the chief interest of Governor Seay^s administra- 
tion is not in the work of the legislature or any other depart- 
ment of the government, but in the work of the people them- 
selves. Eecovering rapidly from the financial depression 
commonly known as the panic of 1884, they were proceeding 
steadily with the develojoment of their resources. Birming- 
ham w^as rapidly forging ahead of the older towns to the 
north and south of it. Its assessed values in 1887 were 
more than 133,000,000, as against 13,000,000 in 1881. An- 
niston had become a city. Bessemer, Sheffield, Decatur, 
and Florence were flourishing. .But the picture had its 
darker side also. So many planters had left the black belt 
to try their fortunes in these new cities that farming lands 
went down in price. It was about this time that the move- 
ment among the farmers toward organization and coopera- 
tion became noticeable in Alabama, and the Farmers' Alliance 
began to attract attention. But the discontent of the farmers 
had little or no political expression as yet. 

Late in the summer of 1888, Alabama was threatened with 
an epidemic of yellow fever. About the middle of Septem- 
ber, the disease was known to be prevailing at Decatur, and 
vigorous quarantine measures were taken. Dr. Jerome 
Cochran, the State liealth officer, made an Jieroic fight to 
prevent the spread of the disease, and with the exception of 
a few scattered cases in various places it was confined to the 
stricken city until the coming of cold weather, when, as 
usual, it disappeared. 

Governor Seay was renominated by tlie Democrats in May, 



304 



History of Alabama. 



1888, on a platform warmly approving President Cleveland's 
policy of tariff reform, and was elected without difficulty over 
his Republican opponent, W. T. Ewing. In the Kovember 
election, Alabama went for Cleveland and Thurman, the 
Democratic candidates for President and Vice-President, and 
returned to Congress a solid Democratic delegation. The 
legislature, being overwhelmingly Democratic, elected John 




EAST LAKE ATHENEUM. 



T. Morgan to the United States Senate for anotlier term of 
six years. 

Five-sixths of all the laws enacted during Governor Seay's 
second administration were laws of a special or local nature, 
or else had reference to the ordinary subjects of legislation. 
One law is quite notable, however, because other States have 
taken it as a model. It was a law regulating the treatment 
of insane criminals. Judge Somerville, of the Supreme 
Court, and Dr. Peter Bryce, the head of tlie asylum for the 
insane, were the authors of it. The number of justices of 



CFNSUS of 1890. 305 

the Supreme Court was increased to four, and Governor Seay 
appointed Thomas N. McCleUan, who had made a brilliant 
reputation as attorney-general, to fill the new place. The 
next year. Judge Somerville resigned and Thomas AV. Cole- 
man, of Greene, was put in his place. 

The census of 1890 served to put on record the progress 
Alabama had been making during the decade. It showed 
that the population had grown to a little over a million and 
a half, and that the increase among the whites had been 
relatively and absolutely greater than among the colored 
people. The State was now seventeenth in the Union in the 
number of inhabitants. The shifting of population was very 
striking. Some of the central counties had actually lost, 
while Jefferson and the counties of the mineral belt had 
gained enormously. In most cases, the cities, old and new, 
were apparently growing at the expense of the country. 

As to the industrial progress of the State, the most strik- 
ing figures related to mines and manufactures. It had risen 
to be the third State in the production of iron ore and in the 
manufacture of pig iron, and the sixth in the production of 
coal. Nevertheless, agriculture remained by far the most 
important of its industries, and cotton the chief of its 
exports. The general increase of business was shown by the 
rapid growth in the number of banks and in the total of 
bank deposits. While vastly the larger portion of the wealth 
of the State was still in the hands of the whites, there were 
cheering signs of prosperity among the colored people also. 

The condition of the schools was by no means satisfactory, 
but it was clearly an advance on previous periods. The total 
enrollment in the public schools for the census year was over 
335,000, divided between whites and colored people in the 
proportion of seven to four ; but many of the schools were 
open only a short time during the year. As to the churches, 
the figures showed that over thirty-six per cent, of the entire 
population were church members, that there were over 6,000 
20 



306 



HISTORY OF ALABAMA. 



churcli buildings, and that the various denominations owned 
property worth nearly $7,000,000. 

There was a new interest in the subject of higher educa- 
tion. Howard College, in 1888, was moved from its old home 
at Marion to new quarters at East Lake, near Birmingham. 
In 1890, the East Lake Atheneum for young ladies was estab- 




From photograph. 

MAIN BUILDING OF HOWARD COLLEGE, EAST LAKE, ALABAMA. 

lished at the same place by Major Solomon Palmer, who had 
won distinction during his long service as State Superintend- 
ent of Education. 

The candidates for the Democratic nomination for sfovernor 
in 1890 were Joseph F. Johnston, of Jefferson, Thomas G. 
Jones, of Montgomery, James Crook, of Calhoun, William 
Kichardson, of Madison, and Eeuben F. Kolb, of Barbour. 
Tliese men had a],l been prominent in tlie party, but Mr. Kolb, 



FAR3IERS ORGANIZED. 307 

who on the first ballot led all the rest, got most of his strength 
from members of the Farmers' Alliance. This organization 
had grown very rapidly, and had been very active in promoting 
the interests of farmers in various ways, as, for example, by 
op2)osing a combination of manufacturers who were trying to 
keep up the price of jute bagging for cotton bales. Mr. Kolb 
was commissioner of agriculture, and had gone with energy 
into the work of organizing the farmers throughout the State 
and encouraging immigration. After a few ballots, it was 
clear that he could be defeated only by a combination of the 
other candidates, all of whom, as it apj)eared, opposed any 
drawing of lines in the party between the members of the 
Alliance and other Democrats, and all of whom also opposed 
certain ideas which Mr. Kolb and his followers supported. 
In the end, the other candidates combined on Thomas G. 
Jones, and lie was nominated. Mr. Kolb agreed to support 
him, and in x\ugust he was elected by a large majority over 
Benjamin M. Long, the Republican candidate. As yet, no 
third i)arty had appeared- at the polls, but it was clear that 
sooner or later there would be one. 

In the autumn elections the Democrats were successful in 
all the congressional districts. The legislature, being Dem- 
ocratic, reelected James L. Pugh to the national Senate. 
His rivals for the place were Thomas Seay, Thomas II. AVatts, 
and Captain Kolb, who again received most of the votes cast 
by sujiporters of the Farmers' Alliance. 

QUESTIONS. 

What is said of Governor Seay ? Of the President's visit ? What 
did the legislature of 1886-7 do about education ? About prohibition ? 
What was the industrial condition of Alabama at this time ? What is 
said of the yellow fever in 1888 ? Describe the elections of that year. 
Mention an important law passed in 1888-9. Tell about the census 
returns of 1890 under these headings : population, cities, mines and 
manufactures, schools, churches. What is said of politics in 1890 ? Of 
the Farmers' Alliance ? Describe the campaign and give the result of 
the elections. 



CHAPTEK XXXIX. 



ADMINISTRATION OF GOVERNOR JONES. 




GOVERNOR THOMAS G. JONES. 



Governor Thomas G. Jones was 
born in Georgia in 1844, of Vii-ginian 
descent. He was brought "to Mont- 
gomery in his childhood. At the 
outbreak of the Civil War, he was a 
cadet at the Virginia Military Insti- 
tute, where he studied military 
science under Stonewall Jackson. As 
a soldier, he rendered heroic services 
to the Confederate cause ; the last 
of his services was to bear a flag of 
truce at Appomattox, After the 
war he had some experience in plant- 
ing and in journalism, but the law was his profession and in 
it he Avon his highest successes. A Memorial Day oration 
which he delivered in 1874 gave him a reputation beyond 
the bounds of the State. As commanding officer of the State 
militia, he won further distinction by subduing riots. He 
also served the State as Reporter of the Supreme Court, 
and as a member and speaker of the House of Eepresenta- 
tives. His administration was marked by bitter political 
contests, which had for some years been threatening, and in 
which he could not help making enemies, for he had clear 
views on public questions and never hesitated about express- 
ing them. 

The legislature of 1800-1891 dealt with some important 
subjects. One of them was the race question as it relates 



ALABAiMA AT THE WORLIVS FAIR. 309 

to common carriers. It was enacted that railroads should 
provide separate accommodations for whites and blacks, 
either b}^ partitions in carriages or by separate carriages. 
The question of aiding disabled Confederates and the Avidows 
of Confederates was settled for the time by devoting to this 
object the proceeds of a special tax of one-half of one mill 
on every dollar's worth of taxable property. AVlthin a year, 
nearly 5,000 applicants received aid from this source. An 
appro2:)riation was also made to complete the Confederate 
monument on the Capitol grounds. The number of justices 
of the Supreme Court was increased to five, as in earlier 
years, and to the new place thus created Richard W. AValker 
was appointed by the governor. 

The question of Alabama's representation at the World's 
Fair to be held in Chicago in 1893, in commemoration of the 
discovery of America, also came before this legislature, l)ut 
no appropriation was made. A principal reason given by the 
opponents of the bill was the threat of Congress to pass an 
act, commonly called the ^^ Force Bill,'' to take from the 
States in certain cases the control of elections to Congress. 
It was held that this measure was aimed especially at the 
South. However, after the legislature adjourned, the ^' Force 
Bill" was beaten in Congress, and a convention of citizens 
met at Montgomery and took action to make sure of an 
exhibit of Alabama's resources at Chicago. 

Except for political contests, this and the following year 
in Alabama were not particularly eventful. The dredging of 
Mobile harbor was a welcome aid in the development of the 
growing lumber industry of the southern counties, and 
tended to restore to Mobile some of its old-time prosperity 
and importance. A freshet wrought considerable damage in 
the regions watered by the Tombigbee and Noxubee rivers, 
and the governor issued a proclamation calling for aid to 
the sufferers, which was generously rendered. A convention 
of colored people, Avhich met at Tuskegee in 1892, was nota- 




From photograph 



Colored Convention. 311 

ble for the expression it gave of good feeling toward the 
wliites. In a printed address, the convention declared : " We 
believe that we can become prosperous, intelligent, and 
independent where we are, and we discourage any efforts 
at wholesale emigration ; and, recognizing that our home 
is to be in the South, we urge that all strive in everything 
to cultivate the good feeling and friendship of those about 
us in all that relates to our material elevation/^ In such 
movements as this, and in the work of the Tuskegee Insti- 
tute and the normal school at Huntsville, two wise and 
faithful servants of their race, Booker T. AVashington and 
AVilliam II. Council, have deserved well of Alabama. They 
have been helped, not only by Northern philanthropists, but 
by the Avhite people among whom they live, to whom they 
have been respectful and fair. 

Politically, the year 1892 was very important, because it 
saw the dominant party in the State quite seriously divided 
for the first time since the Civil War. The issue was between 
Captain Kolb and his followers, on the one hand, and the more 
conservative element in the party, led by Governor Jones, 
on the other. Soon after Governor Jones went into office, 
Mr. Kolb formally requested, and the Governor ordered, an 
official examination into the accounts of Captain Kolb as 
commissioner of agriculture. The examiner reported various 
irregularities, and the report gave some countenance to the 
charge that Captain Kolb and his clerks had made the State 
pay for railroad fares when they rode on passes. The report, 
however, did not apparently weaken Captain Kolb's hold on 
his followers, who believed that the charges were brouglit 
for political reasons only. The legislature passed a law 
providing that the office of commissioner of agriculture 
should be filled by popular election. Captain Kolb's term 
expired before the regular election of 1892, and Governor 
Jones appointed Hector I). Lane to the office for the time 
being. Captain Kolb, claiming that the governor had no 



312 HISTORY OF ALABAMA. 

right to make the appointment, refused to give up his place. 
Suit was brought against him, and the case was decided in 
his favor in the lower court ; but the Supreme Court reversed 
the decision, and Mr. Lane was installed in the office. 

All this increased the bitterness between the two factions, 
most of the old leaders in the party taking sides against 
Kolb, and his own followers growing more and more ardent 
in his support. He announced himself as a candidate for 
the Democratic nomination for governor, and he and Gov- 
ernor Jones had an exciting canvass. When the convention 
met. Governor Jones had a majority of delegates with regu- 
lar credentials, but Kolb and his followers, claiming that 
Jones's victory in the primaries Avas due to frauds in various 
counties, held a separate convention. Kolb was nomi- 
nated for governor, and other candidates for the other State 
offices. The Eepublicans made no nominations. At the 
election in August, Jones had a majority of about 11,000 ; 
but Mr. Kolb claimed that he had carried the State by 40,000 
and the election officers had defrauded him. There was 
great excitement and bitterness of feeling. The *^^ regular" 
Democrats also elected a majority in the legislature and their 
candidates for the other State offices. The legislature had 
failed to pass any law providing for contests of the election 
of State officers, tliough Governor Jones had twice recom- 
mended passing such a law, and so Mr. Kolb found it 
impossible to make any contest. His party, by this time 
calling themselves ^^ Jeffersonian Democrats," named can- 
didates for Congress at the autumn elections, and a list of 
l)residential electors. As the Eepublicans again refrained 
from making nominations, and as the newly formed " Peo- 
l)le's party " endorsed the Jeffersonian ticket, it was the only 
ticket in opposition to the ''regular" Democrats. Alabama 
Avas now entitled to nine Congressmen, and nine Democrats 
were chosen. The electoral vote of the State was cast for 
Cleveland and Stevenson, the Democratic candidates. 



Law Relating to Convicts. 



313 




HILARY A. HERBERT. 



"When Mr. Cleveland came to make up liis Cabinet, he 
chose Congressman Hilary A. Herbert, of the Montgomery 
district, for the oflice of Secretary of the Navy. Mr. Herbert 
had long been at the head of the House Committee on naval 
affairs, and to him belongs no small 
share of credit for the efficiency of 
our new navy when it was tested a 
few years later in the Spanish War. 

The charge of unfairness against 
the election officials was no doubt in 
the minds of the legislators during 
the session of 1892-3, for one of 
their principal measures was a new 
election law. It provided for a 
modified form of the ^^ Australian " 
ballot, a ballot printed by the State 
with the names of the candidates for 
the several offices in alphabetical 

order. The law further provided that the voter should have 
the right to mark his ballot secretly, and that aid should be 
given to voters unable to read. 

An industrial school for white girls was established by the 
legislature at the same session, though the appropriation for 
it was not to begin until the year 1895. After an exciting 
comjietition the school was placed at Montevallo, whose en- 
terprising citizens offered more inducements than any of the 
other towns which tried to secure it. 

An important law relating to convicts was passed at this 
session. The proper treatment of convicts had been much 
discussed for some years, many opposing tlie system by which 
they were leased out to private employers, wlio, it was 
claimed, sometimes treated them cruelly. This new law 
gave entire control of the convicts to a board of nine per- 
sons, with the governor as chairman. Tlie hiring out of 
convicts was still permitted, but they were to be provided 



314 



History of Alabama. 



with food, clothing, lodging, and medical attendance by the 
State through wardens appointed for the purjDose. Various 
reformatory features, including a school, were also intro- 
duced into the system. Another law raised the tax rate 




from four to five 
mills on the dol- 
lar. 

Tlie raising of 
the tax rate, neces- 
sary as it was, came at a time when even tliis slight increase 
of their burdens was bound to be felt by the people, for a 
financial ''panic,^' long threatened, came in 1893, and proved 
one of the worst the country lias ever known. While its 
effects were not more disastrous in Alabama than elsewhere, 
it fell with crushing weight on the new industrial life, as 
well as the old agricultural interests, of the State. Cotton 



Political unrest. 315 

went down so low in price that the governor said it was 
'^marketed below tlie actual cost/' The iron industry was 
much depressed. In April, 1894, a strike was started by the 
coal miners of Xorthern Alabama ; trouble threatened, and 
the militia was ordered out to keep the peace. The order 
dismissing the troops had scarcely been signed when the great 
Chicago railroad strike extended into Alabama, and troops 
were again ordered out to protect the property and employees 
of the railroads at and near Birmingham. In July, some 
striking miners at Pratt Mines attacked State convicts and 
their guards and killed several men. It was some weeks be- 
fore order was completely restored, though the local and State 
authorities acted Avith promptness and vigor. At one time 
the whole force of State troops and the Governor in person 
were at the scene of disorder. 

In the summer of 1893, yellow fever appeared at Pensacola, 
Florida, and at Brunswick, Georgia, and the quarantine 
against it was conducted for the first time by the State 
authorities. It was under the control of the State Board of 
Health. The measures taken were successful, not only in 
keeping out the fever, but in preventing any unnecessary 
alarm. 

The distress of the people tended, as it always does, to 
increase the bitterness of political contests. The years fol- 
lowing 1893 were years of political unrest throughout the 
Union, and Alabama had her full share of the struggling. 
Mr. Kolb and his followers were bitter against the admin- 
istration, and Mr. Kolb himself still aspired to be governor. 
In addition, the regular Democrats were divided among 
themselves on the question of supporting or condemning the 
administration of President Cleveland. The President had 
taken strong ground against the free coinage of silver, a 
policy advocated by many Democrats, particularly in the 
West and South, and in other ways had given offence to vari- 
ous party leaders, including Senator Morgan, wlio opposed 



310 HISTORY OF ALABAMA. 

liim openly. Congressman William C. Oates^ a supporter of 
the President in the main^ and Capt. Joseph F. Johnston, 
an advocate of free silver, were candidates for the regular 
Democratic nomination for govornor. The campaign was 
exciting. It ended in the success of Congressman Gates and 
the endorsement of the administration by the convention. 

Mr. Kolh was again nominated by the '^ Jeffersonian 
Democrats/^ and he was also supported by the Populists 
and by the Republicans. So all the opponents of the Demo- 
cratic party were united behind him. Nevertheless, he was 
again beaten. Colonel Gates being elected by a majority of 
more than 27,000 according to the returns. However, Mr. 
Kolb and his followers again declared that they had been 
defrauded, and the more violent among them even coun- 
selled resistance. 

Robert C. Brickell had been appointed to succeed Chief 
Justice Stone, who died in March, 1894. The associate 
justices chosen were Thomas N. McClellan, Thomas W. 
Coleman, James B. Head, and Jonathan Haralson. 

At the November election the Democrats carried eight of 
the congressional districts and the Populists one. 

QUESTIONS. 

What is said of Governor Jones ? What did the legislature do about 
the race question and common carriers ? About disabled Confederates ? 
About the Supreme Court ? What was done about the World's Fair ? 
What is said of the colored people at Tuskegee ? Describe the contest 
between Captain Kolb and Governor Jones in 1892, the conventions, the 
State elections, the national election. What is said of Hilary A. Her- 
bert? What action did the next legislature take about elections? About 
the convicts ? About taxes ? What is said of the panic of 1893, and its 
results in Alabama? Describe the political campaign of 1894, giving the 
results of the elections. 



CHAPTER XL. 



ADMINISTRATION OF GOVERNOR OATi:S. 




GOVERNOR WILLIAM C. GATE?. 



William Calvin Gates was born 
in Pike County in 1833, and got his 
early education in the schools of Ala- 
bama. In his young manhood he 
Avas a school-teacher for a time, 
and in 1858 he began to practise law ; 
but in 1861 he volunteered as a Con- 
federate soldier, and was elected a 
captain in the Fifteenth Alabama. 
The great battles in Virginia enabled 
him to fight his way to the command 
of his regiment. In July, 18G-1, he 
took command of the Forty-eighth 
Alabama, and it made a glorious record under him. He was 
wounded at Brown's Ferry, on the Tennessee, and in the 
fighting near Petersburg, Virginia, he lost an arm. In 1870 
he was elected to the legislature. Ten years later he was 
elected to the lower house of Congress, and he was kept 
there until he was chosen governor. As governor, he did not 
in any wise neglect State issues, but it was a time when 
national issues had the first place in the public mind. 

He strongly favored measures looking to the gradual pay- 
ment of the State debt, urging upon the legislature the 
wisdom of enacting a sinking-fund law for this purpose. He 
also gave much thought to the school system. In a special 
message to the legislature, he summed up the history of the 
various State institutions and of the common schools, point- 




FYom photoK'iaphs. 



Educational activity. 319 

ing out the obligiitioiis of tlie State to the institutions them- 
selves, to the national government, whose gifts for educa- 
tional purposes had been accepted from time to time, and 
to the State constitution, which clearly sets forth the duty 
of the law-makers. The legislature in 1895 made provision 
for a number of agricultural experiment stations, which 
should also be included among the evidences of educational 
activity which were exhibited during this administration. 

The institutions at this time receiving annual appropria- 
tions were the University, the Agricultural and Mechanical 
College at Auburn, four normal colleges for whites, and 
three for colored persons. Altogether, they were getting 
from the State treasury about $75,000 a year. The money 
for the public schools, coming from various sources, amounted 
to nearly $500,000 a year, not counting jdoII taxes. The gov- 
ernor advocated a special tax for schools, so that the people 
might know what they were paying for education and what 
for other purposes. He also heartily approved the idea em- 
bodied in the industrial school for girls then building at 
Montevallo. 

At this time. Gen. Kichard C. Jones was president of the 
University. In 1890 he had succeeded General Clayton, 
who in 1886 had succeeded Colonel Lewis. Colonel Lewis, 
General Jones, and General Clayton were distinguished pub- 
lic men and brave soldiers, but no one of them was a profes- 
sional educator. AVhen General Jones resigned in 1897, a 
new policy was adopted, and James Knox Powers, a man 
whose reputation had been won entirely as an educator, was 
called from the Normal College at Florence to the headship 
of the L^iversity. During the intervals following the deaths 
or resignations of various presidents, Prof. William S. AYyman 
several times discharged the duties of the office, though he 
steadfastly declined the title. 

Governor Gates had announced at the time of his nomina- 
tion that he would not be a candidate for a second term. 




From photographs. 



"National Democrats:' 321 

Joseph F. Joliiiston, who had sevenil times aspired to the 
office, but had always bowed to- the will of his party, and 
Congressman Kichard H. Clarke, of JMobile, were candidates 
before the Democratic convention. The issue was distinctly 
national — Captain Johnston standing for the free coinage 
of silver, and Congressman Clarke sustaining President 
Cleveland. After an exciting canvass. Captain Johnston 
had a majority of the delegates and was nominated. 

By this time many of the followers of Captain Kolb were 
in active cooperation with the Peoj)le^s j^arty. The People^s 
party nominated for governor Mr. A. T. Goodwyn, to whom, 
on a contest. Congress had given the seat occupied by a 
Democratic representative. A fusion between the Republi- 
cans and. Populists in Alabama was brought about by giv- 
ing the Eepublicans several places on the ticket ; but at the 
August election the Democrats were successful by a good 
majority, many Kolb men, as it was supposed, voting for 
Cajitain Johnston on account of the success of the free-silver 
men in the Democratic convention. 

The success of the free-silver men was important, especially 
because the convention sent delegates to the national con- 
vention at Chicago instructed to vote for a '^ silver " candidate 
for President. The Chicago convention adopted resolutions 
and nominated candidates favorable to this policy, and in 
consequence a number of '^ gold " men, objecting to this and 
other clauses in the platform, left tlie party. In Alabama, 
as elsewhere, they had a separate organization, adopting the 
name ^^Xational Democrats,"^ A considerable number of 
distinguished men were of this party, but their vote in the 
November elections was small. The regular Democratic can- 
didates, Bryan and Sewall, carried the State by a great 
plurnlity over the Ilepublican candidates, McKinley and 
llobart, and over Watson, the Populist candidate for vice- 
president. The legislature, soon after it assembled, chose 
Gen. Edmund W. Pettus, who for vears had been a Demo- 
21 



322 History of Alabama. 

cratic leader, to succeed Senator Pugli at Washington, honor- 
ing by their choice a brave old veteran and. a famous lawyer. 
Governor Gates was his principal competitor for Democratic 
support. 

QUESTIONS. 

What is said of Governor Gates ? Give the principal statements of 
his message about the schools. What is said of the recent presidents of 
the University? Tell about the contest for the Democratic nomination 
for governor in 1896 ; the election ; the division in the Democratic ranks ; 
the national election. 



CHAPTER XLI. 



ADMINISTKATIOX OF GOVKRNOll JOHNSTON^. 




GOVERNOR JOS. F. JOHNSTON. 



Governor Johnston was born in 
North Carolina in 1843, and, like so 
many of his predecessors, he was a 
Confederate soldier. He was five 
times wounded, and notwithstanding 
his youth he rose to the rank of cap- 
tain. After the war he practised 
laAV in Selma, and Avhen Birmingham 
became the industrial centre of the 
State he went thither to become pres- 
ident of an important national bank. 
In State politics he distinguished him- 
self by zealous and shrewd services to 
his 2:»arty ; at one time he was chairman of its executive com- 
mittee. He began his administration by devoting himself 
largely to measures intended to promote the material wel- 
fare of the State. Among the more important acts of the 
Legislature during his administration was a bill authorizing 
a tax commission to collect unpaid taxes, and a bill exempt- 
ing from taxation for a term of years all capital that may be 
invested in cotton mills in the State. This . exemption law 
has already attracted considerable capital, and it is evident 
that cotton manufacture is to be an important industry in 
Alabama. At the end of his first term he was reelected, and 
so served the customary four years. At this election, Thomas 
N. McClellan, who was then serving on the Supreme bench, 
was chosen Chief Justice. 



324 



History of Alabama. 



->a*»"S«kiv 



Meanwhile, the educational interests of the State were 
not neglected. Much discussion was provoked by the sale 
of the lands given by the general government to help sup- 
port the industrial school for girls at Montevallo and of cer- 
tain lands owned by the University, the claim being made 
that better ^^rices could have been obtained. However, it 
seems clear that better and better work is being done both 
in the common schools and in the higher institutions of the 
State ; and there are other cheering signs of intellectual 
activity among the people. The 
women's clubs, in particular, have 
been very active. 

Of Alabamians who have written 
for publication since the Civil War, 
quite a respectable number may be 
said to have done successful work. 
Hannis Taylor, of Mobile, Minister 
to Spain under President Cleveland, 
has won distinction with a scholarly 
book on constitutional history. His 
fellow-townsman, Peter J. Hamilton, 
has made an important contribution 
to the early history of his native city 

and the adjacent region. Professor William S. Wyman, Judge 
AVilliam R. Smith, Joseph Hodgson, John W. DuBose, Tliomas 
M. Owens, Thomas H. Clark, Hilary A. Herbert, and Joseph 
Wheeler have all done valuable work in history. Two for- 
mer citizens of Alabama, Henry W. Hilliard, Mr. Yancey's 
oratorical rival, and Dr. J. L. M. Curry, once president of 
Howard College and once Congressman from Alabama, have 
published interesting books. Many of Senator Morgan's 
speeches, particularly those relating to his Avork as mem- 
ber and chairman of the committee on foreign affairs, are 
permanently valuable discussions of great subjects. The 
late Father Ryan, of Mobile, was jt;«r excellence the poet of 




JUDGE THOMAS N. McCLELLAN. 



The war against Spain. 325 

the Lost Cause. Dr. Samuel Minturn Peck, of Tuscaloosa, 
and Zitella Cocke have published books of graceful verse. 
Margaret O'Brien and T. C. UeLeon have written on different 
subjects and in different styles. Mary Johnston, with two vig- 
orous and stirring books of fiction, has won for herself a wider 
literary reputation than any other Alabamian has ever enjoyed. 

But Governor Johnston's administration was especially 
notable for certain national events that occurred while he was^ 
in office, and for the part which Alabamians played in them. 

In the summer of 1898 the people of Alabama once more 
saw in their midst numbers of soldiers clad in blue ; but 
they came with no hostile purpose, and Alabama gladly gave 
of her sons to join them. 

The United States having declared war against Spain, 
Alabama was one of the pathways over which American 
troops marched to the Gulf on their way to Cuba. The 
governor, in response to the President's call for volunteers, 
at once proceeded to form, chiefly from the militia, the or- 
ganizations required. Two regiments — the first under Colo- 
nel E. L. Iligdon and the second under Colonel J. W. Cox 
— were soon mustered into the service of the United States at 
Mobile. In addition, a battalion of colored troops was soon 
organized under Major Ballard, an officer of the regular 
army. The mustering in of the first company, under Cap- 
tain Francis G. Caffey, of jMontgomery, was an event so sig- 
nificant of a new order of things in the South that it 
attracted comment throughout the country. Later, the 
battalion was increased to a regiment. 

President McKinley, in selecting general officers for the 
volunteer troops, stepped across the old line of sectional 
hate and misunderstanding, which swiftly faded in the glow 
of true patriotism. Joseph Wheeler, of Alabama, was made 
a major-general, and William C. Gates a brigadier-general, 
of tlie Ihiited States Volunteers. In command of all the 
cavalry before Santiago, General Wheeler, though past the 



326 



History of Alabama. 




RICHMOND r. HOBSON, 



meridian of life, displayed the same intrepid courage and 
tireless energy that made Wheeler^s cavalry dreaded when he 
was the boyish leader of gray-coated riders nearly forty years 
before. The war with Spain coming to an end, he got himself 
transferred to the Philippine Islands, and fought in a third 
.^ war on the other side of the world. 

But another name shall brighten 
our pages — a name that belongs alto- 
gether to a younger generation and 
to the new Union. Through the 
battle smoke and dim light of the 
dawn at Santiago, an heroic figure 
rose before the world. On the 
bridge of the collier llerrimac, 
doomed to be sunk in the narrow 
channel of the Santiago harbor, that 
it might block the Spanish fleet from 
all escape, stood a yoTith fitted by 
nature, by training, and by consecration to his country^s 
service, for such deeds as his race demands of- its chosen. 
That figure, long endeared by boyish memories to him who 
writes these lines, is surely fit to stand, to all who read 
them, for the hope Alabama has in her children. 

Whosoever by patient work shall fit himself for sacrifice 
and service ; whosoever shall forget selfish aims that he 
may give all to his country ; whosoever shall strive to make 
Alabama a pillar of strength to the great Eepublic — he 
shall but follow where Hobson led the way. 

During the session of 1898-9, the legislature dealt with a 
question of great and permanent importance. Several 
Southern States having, through constitutional amendments, 
freed themselves of the great mass of ignorant colored 
voters, a strong feeling grew up in Alabama in favor of 
doing likewise. The Constitution of 1875 forbade any edu- 
cational qualification for the suffrage, and the legislature 



A Question of Great Importance. 327 



passed a bill calling for a convention in order that this 
clause in the Constitution might be repealed and the suff- 
rage laws changed. Governor Johnston signed the bill, but 
afterwards changed his mind and opposed the holding of 
tlie convention. In order to prevent it, he called the legis- 
lature together in special session, and the law was repealed. 




l'r.,m ijlii-'liJoTiiijli. 



THE BATTLESHIP ALABAMA, 1900. 



However, those who were in favor of the movement did 
not give up. The Democratic State Committee had favored 
it, and in 1900 the State convention of the Democratic party 
voted in favor of it. So it was understood in the elections 
of I'JOO that Democratic candidates for the legislature would, 
if chosen, support the measure. The question also entered 
into the contest for Senator Morgan's seat in the United 
States Senate. General Morgan, though a candidate for 
reelection, did very little canvassing. lie favored a conven- 
tion and a change in the suffrage laws. Governor Jolinston, 



328 



History of A lab aha. 



his chief opponent, defended his position in the matter 
before the people. The result was an overwhelming victory 
for General Morgan. At this election William J. Sam- 
ford, of Opelika, was chosen gov- 
ernor. 

Before he went out of office, Gov- 
ernor Johnston had an opportunity 
to represent the State on an inspir- 
ing occasion. In September, 1900, 
at Portsmouth, N. H., the State 
of New Hampshire presented gifts 
to two new battleships, the Kear- 
sarge and the Alabmna. Governor 
Jolmston, present as the guest of 
the New England commonwealth, 
did not fail to express the kind- 
liness wliich, in Southern no less 
than in Xorthern hearts, now links those two names, not in 
memory of an unhappy conflict between Americans, but 
with pride in that valor Avhich Americans of the North and 
of the South have so often displayed and will display again 
whenever a reunited country shall call upon her sons to 
serve her in arms. 




GOVERNOR W. J. SAMFORD. 



QUESTIONS. ' 

What is said of Governor Johnston? Of educational advances? 
Of Ahibama authors? Of the war with Spain, and the Alabama troops? 
Of Wheeler? Of Ilobson? Of the movement to change the suffrage 
laws? Of the senatorial contest and the State election in 1900? Of the 
Alabama and the Kearsarge 9 



APPENDI 



PHYSICAL GEOGRAPHY AND NATURAL 
DIVISIONS OF ALABAMA. 



By Eugene Allen Sjiith, Ph.D., Professor of Geology, University 

OF Alabama. 

Alabama is situated between the eighty-fifth and eighty-ninth 
meridians of west longitude, and mainly between the thirty-first and 
thirty-fifth parallels of north latitude. The thirty-fifth parallel makes 
the northern boundary* of the State, and the thirty-first the southern, 
with the exception of that part west of the Perdido River, which extends 
south to the Gulf of Mexico. The total area thus included is, according 
to the latest estimates, 52,251 square miles, of which 51,540 constitute 
the land surface. 

Surface Configuration and Grand Divisions. — Leaving out of 
account the smaller inequalities, the surface of the State may be con- 
sidered as an undulating plain, whose mean elevation above sea level 
cannot be much less than 600 feet. Towards the north and east tlie 
surface rises above this level, and towards the south and west it sinks 
below it. A curving line drawn from the northwestern corner of tiie 
State through Tuscaloosa and Montgomery to Columbus, Georgia, would 
mark approximately the lower boundary of the area whose altitude is 
above GOO feet. This elevated land is the terminus towards the south- 
west of the great Appalachian mountain system, and it may therefore 
fittingly l)e designated as the Appalachian area. The line along which 
the highest altitudes occur, i.e., the axis of elevation of tliis area, runs 
northeast nearly along the northern boundaries of Coosa, Clay, and 
Cleburne counties, the altitude increasing towards the northeast. As a 

* As a matter of fact, thiB parallel does not ea;ac</y coincide with the northern bomuiary. 



ii Appendix. 

consequence the general slope of the surface is away from this elevated 
region towards the northwest, west, soutliwest, south, and southeast. 
The mountains of the State all rise above this high land to elevations of 
1,200 to 1,500 feet, or to 2,000 to 2,400 feet above sea level. 

The rest of the State, whose general altitude is less than 600 feet, 
may be called the Coastal Plain. The surface of this Coastal Plain has 
a slope south and west towards the Gulf of Mexico and the Mississippi 
Valley. In elevation it declines from about 600 feet, where it touches 
the Appalachian division, to about 200 or 300 feet in the highlands over- 
looking the Gulf in the two coast counties. Into the materials of this 
gently sloping plain the rivers and other streams have sunk their 
channels, leaving between the remnants of the original mass which con- 
stitute the hills of this section of the State. 

Another point of difference between these two great divisions, which 
an inspection of the map will impress upon the student, is the prevailing 
northeast and southwest direction of the minor subdivisions of the 
Appalachian area, and the approximately east and west trend of these 
divisions in the Coastal Plain area. These and other radical differences 
are due to the difference in the age and degree of consolidation of the 
component rock formations of the two divisions; to the different amounts 
of disturbance from their originally horizontal position which these 
strata have suffered; to the varying degree of adjustment of the drainage 
systems to the structure of the country, and to other causes, the discus- 
sion of which would be more appropriate to a geological than to a 
geographical description of the State. It is hoped, however, that some 
of the causes of these differences will be made plain in the course of 
what follows. 

IlivER Systems. — In general terms, two things have been mainly in- 
strumental in determining the direction of the drainage of Alabama. 
These are, first, the slopes toward the northwest and southeast away from 
the Appalachian axis of elevation above spoken of; and, second, the more 
general slope of the surface of the State, taken as a whole, southwestward 
towards the Mississippi Valley. An examination of the map will show 
that the latter cause has greatly outweighed the former in fixing the 
direction of the water courses, with the result of giving a general south- 
west direction to the whole drainage system of tlie State, with the single 
exception of that of the Tennessee River, 

In the southeastern half of the Appalachian area, wliile the natural 
fall is southeast and south, most of the streams, and especially the minor 
ones, are also influenced by the northeast and southwest trend of the 
valleys and ridges, i.e., by the geological structure, and they make 



Physical Geography. iii 

their way towards the Coastal Plain in a zig-zag course, alternating be- 
tween southeast and southwest. In the northwestern half of the Appa- 
lachian region, the two branches of the Warrior River follow in general 
the troughs or basins of the coal field of the same name, which decline 
towards the southwest ; while the Tennessee, entering the State near its 
northeastern corner, follows a limestone valley south westward to Guntei's- 
ville, then turns northwestward down the slope from the axis of the Ap- 
palachian highlands. 

In the central part of the Appalachian region the dependence of the 
minor I'idges and valleys upon the geological structure is most clearly 
seen, for they all have a northeast-southwest trend, which is the trend of 
the outcropping edges of the inclined or sloping strata, the valleys being 
cut into the limestones and other more easily eroded rocks, while the 
harder rocks stand out in the ridges. 

In the Coastal Plain region the main streams have southwesterly 
courses determined by the general slope of the surface, while their smaller 
tributaries, as well as the ridges and small valleys to which they have 
given rise, show a close dependence upon the character of the materials 
of the geological formations and npon their position or attitude. 
Throughout the Coastal Plain the constituent strata or beds of sand, 
clay, limestone, and marl have a slope or dip in the same general direc- 
tion as that of the surface of the country, but at a more rapid rate, which 
is on an average about 35 feet to the mile. And while the main streams 
have cut across the edges of these slightly inclined beds, the smaller 
streams run roughly parallel to the same. The result is that the land- 
ward-facing slopes of the valleys of these minor streams are steep and 
abrupt, while the slopes facing gulfward are very gentle, often hardly to 
be distinguished from horizontal. Thus, while the adjustment of the 
smaller streams of the Coastal Plain to the geological structure is not as 
striking, it is in places quite as complete as in the Appalachian region. 

Mountains and Table-lands. — As has been intimated above, the 
mountainous region of the State is confined to the Appalachian division. 
In the southeastern half of this division, the component strata of the 
mountains have been much folded and plicated, and the mountains are, 
as a rule, sharp-crested and serrated, while in the northwestern half the 
strata are in wide, open waves or folds, and the mountains are merely 
the remnants of an elevated table-land, the Cumberland Plateau, with 
steep sides and fiat tops. In the Coastal Plain there are no mountains, 
properly speaking ; and the hills, like the spurs of the Cumberlands, are 
simply the parts of the general mass of the country left more or less 
intact between the watercourses. 



iv Appendix. 

Natural Subdivisions of the State, with their Topographic 
Features, Soils, Minerals, and other Resources, — The main topo- 
grapliical features of any region are the inequalities of surface caused 
either by actual folds or wrinkles in the earth's crust, or by the unequal 
degradation of the land by atmospheric or aqueous agencies. The two 
great factors which determine surface configuration are thus seen to be 
geological structure and erosion. In all cases, difference in the quality 
of the material acted upon by erosion is an important subfactor to which 
are due all those minor inequalities which constitute scenery. 

Under the action of the atmospheric and other agencies, rocks are dis- 
integrated and converted into soils which either rest upon the parent 
rock or are removed by running water or other transporting agency and 
spread over regions more or less remote from their point of origin. A 
distinction is thus made between sedentary or residual soils and trans- 
ported or drifted soils. We shall presently see that soils of the first class 
prevail in the Appalachian region, while the transported soils are more 
characteristic of the Coastal Plain. 

In the present position or attitude of the rock strata, whether ap- 
proximately horizontal or much inclined ; in the nature of the connection 
between the topography and the geological structure ; and in the rela- 
tions of the soils to the country rock upon which they rest, are found the 
characters according to which, for convenience of description, the State 
may be marked off into the following subdivisions : 

Divisions of the Appalachian Area. 
These are four in nund^er, viz. : 

1. The Talladega ^Iountains and Ashland Plateau. — These two 
sections correspond to the Blue Ridge and the Piedmont Plateau of Georgia 
and the States to the northeast, and make up the southeastern part of the 
Appalachian area of Alabama. The rocks are all more or less crystalline 
in texture, and are rarely in horizontal position, but nearly always highly 
inclined, generally towards the southeast. The Talladega Mountains, 
which make the northwestern part of this division, are high, sharp-crested 
ridges, with narrow, often gorge-like, valleys between. 

From this elevated land, which carries some points 2,400 feet above 
sea level, the country falls rapidly towards the southeast, into the Ashland 
or Piedmont Plateau, with an average elevation of about 1,000 feet. 

The plain-like character of this section is evidently the result of 
weathering and erosion, base-levelling, and is not due to the horizontal 
position of the rocks, as is the case in the Cumberland Plateau, presently 



FllVSICAL GEOGRAPHY. V 

to be described. Tlic present topograpliic features arc due to the sub- 
sequent elevation of this plain and the dissection of its mass by the water- 
courses. 

As types of the rocks of this section, granites, gneisses, and schists 
may be taken. The soils are all derived from the decay of the rocks of 
the country, upon which, in general, they directly rest. The most fertile 
of these soils are those derived from granites and gneisses, and they are 
red or gray in color as the parent rocks contain iron-bearing minerals or 
not. Nearly all the granitic soils have been long under cultivation, the 
tirst settlements having been where these soils prevailed. 

The other class of roeks of this section, viz., the schists and slates, 
yield niueli less i)roduetive soils, and the face of tiie country where they 
prevail is also much more broken than in the gi'anitic areas. For this 
reason, so dii'ectly dependent upon the nature of tlie underlying roeks, 
the population in the slate lands is less dense than in the granitic. 

The mineral productions of this region are gold and copper ores, 
granite, soapstone, mica, corundum, and kaolin. The greater part of it 
is heavily timbered, usually with oak and short-leaf pine, but along the 
eastern flank of the Talladega Mountains there are large areas of the best 
of long-leaf pine timber. 

2. The Coosa Valley Regiox. — The wide valley with prevailing cal- 
careous soils, lying between the Talladega Mountains on the east and 
the coal fields on the west, has received this name from the river which 
drains it. It is the continuation of the valley of East Tennessee and the 
great valley of Virginia. The rocks which underlie the Coosa Valley, 
while mostly some form of limestone, include also sandstones and shales. 
They are no longer in tlieir original horizontal position, but have been 
tilted, and inclined often at high angles, and very generally towards the 
soutiieast. In the erosioii of this region, the limestones have yielded 
inoi-o than the other strata, and they therefore form the floors of the 
valleys, wiiile the harder sandstones occupy the ridges. In consequence 
of this diversity of nuiterial, and the resulting diversity of topograi)hie 
foi-ins. the Coosa Valley is a complex trough fluted with scores of snudler 
parallel valleys an<l ridges. Of the same general character as the Coosa 
Valley are the outlying valleys, Cahaba, Wills's, Jones's, Murphree's, and 
the valley of Blount Springs. These are long, narrow valleys, running 
northeast and southwest, and due, like the Coosa Valley, to folds or pli- 
cations of the earth's crust. 

Throughout these valleys the soils rest directly upon the rocks from 
which they have been derived. Naturally, the soils derived from the 
limestones, the red clay soils, are tlie most fertile, and consiMpuMitly have 



vi Appendix. 

been the first to be taken into cultivation and to attract a dense popula- 
tion. 

The sandstone soils are usually gray. They are of inferior fertility, 
and are found upon the ridges. Both facts make them less desirable. 
The soils from the shales are intermediate in quality between the two 
above named. Where the shales are calcareous, very desirable soils 
result, though from defective drainage many areas of shale soils lie 
unimproved in what are termed the "flatwoods." 

The original forest growth of these valley regions was chiefly oak, 
both in Talley proper and on mountain ridge, but in many places the 
"flatwoods" support a splendid growth of a long-leaf pine. 

Of mineral productions the valleys yield the great bulk of our brown 
iron ores, limestones, and bauxites. The red iron ores which have helped 
to bring Alabama up to the second place among iron-producing States 
are found mainly in the secondary ridges of the valleys lying to the west- 
ward of the Coosa Valley proper. 

3. The Coal Fields. — These are four in number, as follows : The 
Coosa field, Lookout Mountain, the Cahaba field, and the Warrior field. 
They are separated from one another by the long, narrow valleys with 
calcareous soils, above described. In their geological structure they may 
be described as the troughs of the folds or plications of the earth's crust 
which characterize this part of the State. In the Coosa and Cahaba 
fields these troughs have been much compressed, so that the constituent 
strata, as a rule, show a marked, sometimes steep, inclination, generally 
towards the southeast. In the Warrior and Lookout Mountain fields, 
the troughs are much more open, and the constituent strata have usually 
retained their originally horizontal position, except in the immediate 
vicinity of the valleys which traverse the coal fields from northeast to 
southwest. The Warrior is the most important of these fields in respect 
of size and extent of mining operations, and it is separable into the 
basin and the plateau regions, the former occupying the lower or south- 
western part of the* area and the latter the northeastern. The general 
elevatio-n of the surface increases towards the northeast, with the result 
of bringing the strata of the coal measures in the plateau region up to 
altitudes of 2,000 feet near the northeastern corner of the State. By 
the Tennessee liiver and its tributaries and by Wills's Creek and other 
principal streams, this plateau has been much dissected and deeply 
trenched, and its remnants constitute the mountains of this section. 

South and east of the Tennessee River these mountains are long, nar- 
row strips of this table- land, with flat or shallow trough-shaped tops, 
and irregular, often deei)ly scalloped margins facing witii precipitous 



PHYSICAL GEOORAPIIY. vii 

slopes the bordering valleys ; while to the north and west of the river 
the lable-land lias been so much dissected that its remnants ap])ear as 
isolated flat-topped mountains separated by gorge-like valleys. These 
mountains are the "spurs of the Cumberlands," while the more continu- 
ous areas of the plateau are known by the names Sand jMountain, Rac- 
coon Mountain, Blount Mountain, and Lookout Mountain. 

Naturally the most important production of this section of the State 
is the coal, which occurs in beds varying from a few inches in thickness 
up to ten or twelve feet, only those containing at least two and a half 
feet of coal being mined. The original forest growth upon these areas 
was oak and short-leaf pine, but there are two or three limited tracts in 
the midst of the Warrior field with a dense growth of long-leaf pine. 

The soils here are residual, i.e., derived from the decay of the rocks 
of the country, and as these rocks are sandstones and shales the soils are 
in the main rather poor ; but of late they have come much into favor on 
account of their favorable situation and of the fact that they are very 
responsive to fertilizers, and with proper cultivation can be made to yield 
fine crops. The sandstones of the coal measures have recently been 
extensively used by the Government in the construction of locks on the 
Warrior Kiver. 

4. TuE Tennessee Valley. — The region included under this head is 
naturally divisible into two parts, the first being that part adjacent to 
the river in its course from the northeastern corner of the State down to 
Guntersville. Here the river pi'oper is confined to the trough of the 
north westernmost of the long, narrow valleys above mentioned, viz., the 
Sequatchee Valley of Tennessee, whose prolongation into Alabama is 
known as Brown's Valley, and the true valley lands are limited in extent. 
Beyond Guntersville, however, the river turns northwestward at first, 
along with its main tributaries, Paint Rock and Flint rivers, cutting 
across and dissecting the Cumberland table-land, in a region which is 
rather mountainous than valley-like, then, about the meridian of Ilunts- 
ville. emerging into a wide, open valley, which is the part which we 
usually have in mind in speaking of the Tennessee Valley. The rocks 
underlying this section are mainly limestones, much mixed with chert or 
some other form of siliceous matter, especially along the northern 
border of the State, and interlaminated with sheets of sandstone further 
south. These rocks, while almost horizontal, have yet a perceptible 
slof)e or dip towards the south, and since the river crosses them nearly 
at right angles to this dip, the charactei'istic features of the valley, both 
as to topography and as to soil varieties, are produced. The river itself 
occupies a broad trough or valley in the purer limestone, while on both 



viii Appendix. 

sides are erosion ridges, with steep northward facing slopes, and very 
gentle, almost imperceptible, slopes in the otlier direction. North of the 
river these ridges are formed of the flinty or siliceous limestones, while 
to the south of the river, the principal parallel ridge, known as Little 
Mountain, has a capping of sandstone to which it owes its existence. 
Beyond the Little Mountain another valley, Moulton Valley, intervenes 
before the foot of the escarpment or bluff of Sand Mountain is reached. 
The Tennessee, therefore, like the Coosa Valley, is a complex trough, 
fluted with long, narrow, parallel ridges and subordinated valleys. 

In the Tennessee Valley three principal varieties of soils may be readily 
distinguished; viz., those derived from the purer limestones of the valley 
proper of the river, those derived from the siliceous limestones lying to 
tlie north of the river, and those derived from the sandstones of the 
Little Mountain. The first of tliese is a fertile red clay soil, like the best 
of the similar soils of the Coosa Valley region. The second variety 
characterizes the region known as the " Barrens," and is a siliceous soil 
of fair degree of fertility, and by no means such as this name would imply. 
The third variety is much like the soils of the coal measures, but con- 
tains in general more lime than these. 

Tiie original tind)er growth of the valley was oak, hickory, walnut, 
and cedar, w^ith no long-leaf pine. In the " Barrens " and on the Little 
Mountain short-leaf pine is common along with the other timber men- 
tioned. 

A broad, fertile valley, with gently undulating surface, traversed by a 
naviga1)le stream, offered attractions which the early immigrants were 
quick to appreciate, anil we consequently find that the Tennessee Valley 
was from the first a favored region in respect of population. 

Tlie valley yields a practically unlimited supply of the best of lime- 
stone for building and ornamental purposes, and in places a sufficient 
quantity of brown iron ore to be of commci'cial importance. In the ex- 
treme western part of the valley there are imjwrtant beds of clay, suit- 
able for the manufacture of fine grades of pottery, tiles, terra cotta ware, 
etc., but as yet entirely undeveloped. 

Divisions of the Coastal PJain. 

The geological formations which make the basis of the Coastal Plain 
consist of beds of sand, clay, limestones, nuirls, and their admixtures, 
luiving a general slope towards the Gulf of INIexico of yO or 40 feet to 
the mile. The strata therefore decline in the direction of the Gulf at a 
more rapid rate than does the surface itself, so that in going southward 
from the Ai)i)alachian region we ])ass successively over the bevelled edges 



PHYSICAL GEOGRAPHY. ix 

of these formations, from the oldest to the newest. Each of these forma- 
tions occupies the surface in a belt proportional in width to its thickness, 
and running approximately east and west across the State. The slight 
variations in the quality of the materials constituting these strata give 
rise to slight variations in the quality of the soils derived from them, and 
consequently to the forest growths which these soils support; and it fol- 
lows that the natural divisions, based on these variations, into which it 
is convenient to separate the Coastal Plain, are arranged like the geologi- 
cal formations, as will be seen from the map, in slightly curved but ap- 
proximately east and west running belts. 

But these formations do not possess that diversity in component 
materials that characterizes the strata of the Appalachian division, and 
the soil varieties and their timber growths are on this account less varied 
than those found in the region above described. In addition to this, 
when we take into account the circumstance that the whole Coastal Plain 
has been covered in moderately recent times with a mantle of sand, red 
loam, and pebbles averaging perhaps 10 or 15 feet in thickness, and 
of surprisingly uniform composition, we should not be surprised to find 
that there is a certain degree of monotony in the soils and production of 
this region. 

In general, however, as we go southward, the proportion of red loam 
in the surface mantle tends to decrease, while the proportion of sand in 
equal measure increases; and in places this surface mantle has been par- 
tially or comj)letely removed by erosion, so that the soils are derived 
either from the underlying formations wholly, or from admixtures of 
these older beds with those of the surface mantle. In this way a fair de- 
gree of diversity in the soils is produced out of what might at first sight 
be deemed rather unpromising material. 

Three of the formations of the Coastal Plain have impressed them- 
selves upon the soils and general characteristics of the country more for- 
cibly than the others. These are two limestone formations, known, the 
one as the Rotten Limestone, the other as White or St. Stephen's Lime- 
stone, and a clay formation known as the Blaclx Bluff or Flatwoods Clay. 

The first of these, the Rotten Limestone, underlies a belt entering the 
State from Mississippi, and extending, with an average width of fifty 
miles eastward, a short distance beyond Montgomery. This is known as 
the Black Belt or the Canehrake, and is characterized by the prevalence 
of black, limy, highly fertile, clayey soils, interspersed with areas origi- 
nally destitute of forest trees, and for that reason called " prairies." 

Throughout the Black Belt the surface mantle of sands and loam lias 
been very generally washed off, leaving the underlying limestone or marl 



X Appendix. 

to make the soils. The rather uniform composition of this limestone has 
caused it to be evenly degraded by erosion, so that the resulting surface 
is generally undulating, with no great diversity of elevation, except 
where, in places, the overlying mantle has, by reason of slightly greater 
induration of its materials, resisted the erosion and protected the under- 
lying formation. Where this has happened, ridges capped with sandy 
soils are formed, breaking thus the uniformity both of surface configura- 
tion and of soils and forest growth. 

The Black Belt is the most highly favored portion of the State from 
an agricultural point of view, and holds the densest population, as will be 
shown below. Its natural forest growth is oak and hickory, with short- 
leaf pine along the sandy ridges; but the whole area has in great measure 
been cleared away, and the land generally turned to cultivation. Along 
the borders of the "Canebrake," north and south, occur beds of phos- 
phatic marl of similar character to the marls of New Jersey, but as yet 
our citizens have failed to make use of them. 

Near the junction of the Central Prairie Belt with the lower Pine and 
Hardwood Belt, there is a clay formation making what is known in the 
western counties of the State, Sumter, Choctaw, and Marengo, as the 
**Post Oaks" or "Flatwoods," a well-defined agricultural district, with 
stiff, clayey soils, difficult to manage, but, when cultivated, fairly produc- 
tive. As we follow this belt eastward into Wilcox and Butler, it becomes 
more and more limy, and runs into a genuine prairie with black, stiff, 
limy, and highly productive soils. Still further towards the east, in 
Crenshaw, Pike, and Barbour counties, these limy clays are replaced by 
thick beds of limestone, with caves and big springs as characteristics of 
the country. 

The other bed of limestone above specified underlies a good propor- 
tion of what has been designated the Long-leaf Pine Belt, and in general 
does not greatly influence the surface soils ; but along its northern border, 
especially in the counties of Choctaw, Clarke, Monroe, and Conecuh, it 
gives rise to black, limy, clay soils very similar to those of the Black Belt; 
but the surface of the country is much more broken than in the Cane- 
brake, and the region has hence been called the "Lime Hills" or " Hill 
Prairies." These limy soils, however, characterize only a relatively 
small proportion of the area based upon this limestone formation, the 
greater part of which has soils not greatly differing from the general 
type of the Coastal Plain soils. 

Neither the Flatwoods nor the Lime Hills are shown on the map, 
but are included in the lower belt of Pine Uplands, and the Long-leaf 
Pine Belt, respectively. 



PHYSICAL Geography. xi 

The other divisions of the Coastal Plain may now be briefly described. 
On both sides of the Central Prairie region are belts fifty miles or more 
in width, with approximately similar soils and natural forest growth. 
The surface in both of these belts is much broken, the hills, however, 
seldom reaching an altitude of more than GOO feet above sea level. 

In the upper belt the overlying mantle of sands and pebbles above 
mentioned becomes in places indurated into a rock by precipitation of 
iron oxide. The protection against erosion thus afforded is the cause of 
tiie formation of some of the liighest of the hills of this section, which 
are, however, only the undegraded remnants of the original mass of the 
Plain. Such hills have often rocky, precipitous slopes. In the lower 
belt, another formation, the "Buhrstone," is responsible for a very well 
defined, almost mountainous, range across the counties of Choctaw, 
Clarke, and Monroe. This is a sandstone formation, and is, as a rule, 
far harder and more resistant to erosion than those which surround it. 
In consequence it caps some of the highest hills in southern Alabama. 
These Buhrstone hills exhibit the usual Coastal Plain characteristics of 
steep or precipitous northward-facing slopes, and gentle, in places almost 
imperceptible, slopes towards the south. 

In both belts the soils are sandy loams of moderate degree of fertility, 
but they are coming into much favor of late years because easily cultivated 
and highly responsive to fertilizers. These two regions have been desig- 
nated the "Pine and Hard Woods " belts, or the "Oak and Pine Up- 
lands." 

To the southward of the lower Oak and Pine Upland belt lies a region 
of open, rolling, piney woods, with comparatively little underbrush, "the 
Long-leaf Pine Belt." The northern border of this belt is much more broken 
than the rest of it, from the influence of the Buhrstone above mentioned, 
and might properly be called the Pine Hills, but the greater part of the 
division is of the character above mentioned. Being based upon a lime- 
stone formation, this division, especially in the southeastern part of the 
State, is further characterized by the prevalence of lime sinks, shallow 
ponds, and, occasionally, big springs. Forests of long-leaf pine supply- 
ing the material for numerous large lumber mills, and for turpentine 
distilleries, represent the most important of the natural resources of this 
section. The soil being rather sandy is not of the best, yet through the 
use of fertilizers, now becoming almost universal, some of the most 
productive farms in the State are to be found here. 

Towards the south this rolling pine country falls off gradually, and 
the surface inequalities become less and less pronounced. Hence the 
occurrence of numerous " flatwoods" and pine flats, or pine barrens, as 



xii APPENDIX. 

we approach the coast. It must not be inferred, liowever, that these 
flats are near the sea level, for perhaps two-thirds of the area of the two 
coast counties, Mobile and Baldwin, have an elevation of 200 to 300 feet 
above sea level, and this even down to the immediate vicinity of the Gulf. 

The flatwoods are upon this elevated land, though, of course, along the 
banks of the rivers and the borders of the Bay of Mobile and of the Gulf 
there are other flat lands not more than twenty or thirty feet above tide. 

These are among the most recently formed of the strata and soils of 
the State, and might properly by called alluvial. Along the coast these 
lowlands take on the characters of the salt-water marsh. 

Influence of the Geology upon the Spread of Population in the State. 

The maps accompanying the Reports of the Eleventh Census show 
that the spread of population in Alabama has been determined mainly 
by two things— first, the natural facilities for transportation ; and, second, 
the fertility of the soils. Up to the year 1835 the densest population in 
Alabama was along the lower courses of the Alabama and Tombigbee 
rivers, decreasing from Mobile up ; and along the Tennessee River, 
decreasing from the Tennessee line southward and westward. About 
the year 1840 the influence of the soils began to make itself felt, and we 
find the greatest density of population no longer confined to the river 
courses, but extending into three regions, by reason of the fertility of their 
soils. These are (1) the Canebrake or Central Prairie with its rich black 
marly soils; (3) the Tennessee Valley, whose red limestone lands have at- 
tracted the population away from the immediate banks of the river ; and 
(3) the Coosa Valley, whose similar rich limestone soils have drawn a 
moderately dense population down the Coosa River from Georgia. 

From these centres the population has gradually spread over the State, 
following the fertile soils primarily; but of late years the concentrating 
influence of the large towns has come in to modify the two causes flrst 
mentioned. It might perhaps be said that the topographic features of the 
country have decided these movements of the population, which have been 
in general along the valleys or gently undulating tracts, shunning the 
mountains and rugged lands. These considerations have no doul)t had 
much weight ; but the topographic features and the soil varieties are so 
closely related that it is difficult to ascribe to each its proper share of in- 
fluence. Thus the valley lands are generally based upon limestones, which 
yield among the best of the soils; while the hills are formed of sandstones 
and other siliceous rocks, which yield less fertile soils. On the other hand, 
the valleys are, from their surface configuration, better adapted to culti- 
vation than the rugged hills, even when the two have equally fertile soils. 



LIST OF COUNTIES. 

SHOWING ORIGIN OF THEIR NAMES, COUNTY SEATS, 
WHEN LAID OUT, AND POPULATION. 



NAME. 



Autauga 

Baldwin 

Barbour 

Bibb 

Blount 

Bullock 

Butler 

Calhoun. ... 

Chambers.. 

Cherokee,.. 

Chilton 

Choctaw 

Clarke 

Clay 

Cleburne . . . 

Coffee 

Colbert 

Conecuh 

Coosa 

Covington . . 
Crenshaw. . . 

Cullman 

Dale 

Dallas 

DeKalb.... 

Elmore 

Escambia. . . 

Etowah 

Fayette 

Franklin 

Geneva 

Greene 

Hale 

Henry 

Jackson 

Jefferson.. . 

Lamar 

Lauderdale. 
Lawrence. . 

Lee 

Limestone. 
Lowndes. . , 

Macon 

Madison . . 
Marengo. . . 



NAMED FOU. 



Autauga Creek 

Abraham Baldwin 

James Barbour 

William W. Bibb 

William G. Blount 

Col. E.C. Bullock 

William Butler 

John C. Calhoun 

Henry Chambers 

Cherokee Indians 

Judge W. P. Chilton.. 

Choctaw Indians 

John Clarke 

Henry Clay 

General Cleburne 

Gen. John Coffee 

George and Levi Colbert.. 

Conecuh River 

Coosa River 

General Covington 

Anderson Crenshaw 

John G. Cullman 

Sam Dale 

Alex. J. Dallas 

General De Kalb 

John A. Elmore 

Escambia River 

Indian river 

Marcjuis De La Fayette. . . 

Benjamin Franklin 

Its chief town 

Gen. Nathaniel Greene. , . 

Stephen F. Hale 

Patrick Henry 

Andrew Jackson 

Thomas Jefferson 

L. Q,. C. Lamar 

James Lauderdale 

James Lawrence 

Robert E. Lee 

Geological character 

William Lowndes 

Nathaniel Macon 

James Madison 

Battle of Marengo 



COUNTY SEAT. 



Prattville 

Daphne 

Clayton 

Centreville 

Oneonta 

Union Springs. 

Greenville 

Anniston 

Lafayette 

Centre 

Clanton 

Butler 

Grove Hill 

Ashland 

Edwardsvillc. . . 

Elba 

Tuscumbia 

Evergreen 

Rockf ord 

Andalusia 

Rutledge 

Cullman 

Ozark 

Selma 

Fort Payne 

Wetunipka 

Brewton 

Gadsden 

Fayette 

Russellville 

Geneva 

Eutavv 

Greensboro 

Abbeville 

Scottsborough . 
Birmingham..., 

Vernon 

Florence 

Moulton 

Opelika 

Athens 

Hayneville 

Tuskegee 

Huntsville 

Linden 




1818 
1809 
183'i 
1818 
1818 
1866 
1819 
1832 
1832 
1836 
1868 
1847 
1812 
1866 
1866 
1841 
1867 
1818 
1832 
1821 
1865 
1877 
1824 
1818 
1836 
1866 
1868 
1866 
1824 
1818 
1868 
1819 
1867 
1819 
1819 
1819 
1866 
1818 
1818 
1866 
1818 

laso 

m32 

1808 
1818 



17,915 
13,194 
3.5.152 
18,498 
23.119 
31,944 
25,7r.l 
34,874 
32,554 
21,096 
16,522 
18,136 
27,790 
17,099 
13,206 
20,972 
22,;J41 
17,514 
16,144 
15,346 
19,668 
17,849 
21,189 
54,657 
23,558 
26,099 
11,320 
27,361 
14,132 
16,511 
19,096 
24,182 
31,011 
36.147 
30,508 
140,420 
16,084 
26,.5,59 
20,124 
31,826 
22,387 
35.6.51 
2.3,126 
43,702 
38,315 



XIV 



Appendix. 



NAME. 


NAMED FOR. 


COUNTY SEAT. 


LAID 
OUT. 


POPULA- 
TION, 
1900. 


Marion 


Francis Marion 


Hamilton 


1818 
1836 
1813 
1915 
1816 
1818 
1819 
1820 
1821 
1832 
1832 
1818 
1818 
1832 
1832 
1832 
1818 
1824 
1800 
1819 
1850 


14.494 


Marshall 


Chief Justice Marshall 

Indian name Mauvila 

James Monroe 


Guntersville 

Mobile 


23.289 


Mobile 


62,740 




Monroeville 

Montgomery 

Decatur 


23,666 


Montgomery 

Morgan 


Lemuel P. Montgomery 

Daniel Morgan 


72,047 

28.820 


Perry 


Commodore Perry 


Marion 


31.783 


Pickens 


Andrew Pickens 


Carrollton 


24,402 
29,172 


Pike 


Zebulon M. Pike 


Trov 


Randolph 


John Randolph 


Wedowee 


21.647 


Russell .... 


Gilbert C. Russell 


Scale 


27,083 


St. Clair 


Arthur St. Clair 


Ashville 


19,425 


Shelby 


Isaac Shelby 


Columbiana 

Livingston ... 


23,684 


Sumter 


Thomas Sumter 


32.710 


Talladega 

Tallapoosa 

Tuscaloosa 


Indian town 


Talladega 


35.773 


Tallapoosa River 


Dadeville 


29,675 


Tuscaloosa River 


Tuscaloosa 

Jasper 


36,147 


Walker 


John W.Walker 


25,162 


Washington 

Wilcox 


George Washington 

Joseph M. Wilcox 

John A. Winston 


St. Stephens 

Camden 


11,134 
35,631 


Winston 


Double Springs. . 


9.554 









STATE OFFICERS. 



GOVERNORS. 



Governor of the Territory : 

William Wyatt Bibb, 1817. 

GOVEKNOKS OF THE STATE : 

Williaui Wyatt Bibb, 1819. 

Thomas Bibb, 1820. 

Israel PickenB, 1821. 

John Murphy, 1825. 

Gabriel Moore, 1829. 

Samuel B. Moore, 1831. 

John Gayle, 1831. 

Clement C. Clay, 1835. 

Hugh McVay, 1837. 

Arthur P. Bagby, 1837. 

Benjamin Fitzpatrick, 1841. 

Joshua L. Martin, 1845. 

Reuben Chapman, 1847. 

Henry W. Collier, 1849. 

John A. Winston, 1853. 

Andrew B. Moore, 1857. 

John Gill Shorter, 1861. 

Thomas H. Watts, 1863. 

(Interregnum of two months.) 

Lewis E. Parsons, 1865 (appointed by the 
President of the United States). 

Robert Miller Patton, 1865. (Governor 
Patton held office for seven months 
longer than his term, because a suc- 
cessor to him was not elected.) 



William H. Smith, 1868 (under Recon- 
struction Acts of Congress). 
Robert B. Lindsay, 1870. 
David P. Lewis, 1872. 
George S. Houston, 1874. 
Reuben W. Cobb, 1878. 
Edward A. O'Neal, 1882. 
Thomas Seay, 1886. 
Thomas G. Jones, 1890. 
William C. Gates, 1894. 
Joseph F. Johnston, 1896. 
William J. Samford, 1900. 



LIEUTENANT GOVERNORS. 

(The office of Lieutenant Governor was created by the Constitution of 1867 and abolished 

by the Constitution of 1875.) 



A. J. Applegate, 1868. 
Edward H. Moren, 1870. 



Alexander McKinstry, 1872. 
Robert F. Ligon, 1874. 



XVI 



Appendix. 



SECRETARIES OF STATE. 



Henry Hitchcock (Territorial Secretary). 
Thomas A. Rodgers, 1819. 
James J. Pleasants, 1822. 
James I. Thornton, 1824. 
Edmund A. Webster, 1834. 
Thomas B. Tnnstall, 1836. 
William Garrett, 1840. 
Vincent M. Benham, 1852. 
James H. Weaver, 1856. 
Patrick H. Brittan, 1860. 
Albert Elmore, 1865. 
David L. Dalton, 1865-67. 
Micah Tan], 1867. 

Charles A. Miller, 1868 (under Reconstruc- 
tion Acts of Congress). 
Jabez J. Parker, 1870. 



Patrick Ragland, 1872. 
Neander H. Rice, 1873. 
Rufus K. Boyd, 1874. 
W. W. Screws, 1S78. 
Ellis Phelan, 1882. 
C. C. Langdon, 188G. 
Joseph D. Barron, 1890. 
James K. Jackson, 1894. 
Robert P. McDavid, 1898. 



STATE TREASURERS. 



Jack Ferrell Ross, 1819. 
John C. Perry, 1822. 
Hardin Perkins, 1829. 
William Hawn, 1834. 
Samuel G. Frierson, 1840. 
William Graham, 1846. 
Duncan B. Graham, 1860. 
L. P. Saxon, 1865. 

Arthur Bingham, 1868 (under Reconstruc- 
tion Acts of Congress). 
James F. Grant, 1870. 
Arthur Bingham, 1872. 
Daniel Crawford, 1874. 



I. H. Vincent, 1878. 
Frederick H. Smith, 1884. 
John L. Cobb, 1888. 
J. Craig Smith, 1892. 
George W. Ellis, 1896. 
J. Craig Smith, 1900. 



STATE COMPTROLLERS OR AUDITORS. 



Samuel Pickens, 1819. 

George W. Crabb, 1829. 

Jefferson C. Van Dyke, 1836. 

Joel Riggs, 1848. 

William J. Greene, 1855. 

M. A. Chisholm, 1865. 

R. M. Reynolds, 1868 (under Reconstruction 

Acts of Congress). 
Robert T. Smith, 1872. 
Willis Brewer, 1876. 
J. M. Carmichael, 1880. 
M. C. Burke, 1884. 



Cyrus D. Hogue, 1888. 
John Purifoy, 1892. 
Walter S. White, 1896. 
Thomas L. Sowell, 1900. 



State Officers. 



XVll 



ATTORNEYS-GENERAL. 



Henry Hitchcock, 1819. 
Thomas White, 18:23. 
Constantine Perkins, 1825. 
Peter Martin, 1832. 
A. B. Meek, 1836. 
John D. Phelan, 1836. 
Lincoln Clark, 1838. 
Mathew W. Lindsay, 1839. 
Thomas D. Clarke, 1843. 
William H. Martin, August, 1847. 
Marion A. Baldwin, 1847. 
John W. A. Sanford, 1865. 
Joshua Morse, 1868. 
John W. A. Sanford, 1870. 
Benjamin Gardner, 1872. 



John W. A. Sanford, 1874. 
H. C. Tompkins, 1878. 
T. N. McClellan, 1884. 
William L. Martin, 1890. 
William C. Fitts, 1894. 
Charles G. Brown, 18Q8. 



SUPERINTENDENTS OF PUBLIC INSTRUCTION. 



(This office was created in 1854.) 



William F. Perry, 1854. 

Gabriel B. du Yal, 1858. 

W. C. Allen, 1864. 

John B. Taylor, 1865. 

John B. Ryan, 1866. 

N. B. Cloud, 1868 (under ReconBtruction 

Acts of Congress). 
Joseph Hodgson, 1870. 
Joseph H. Speed, 1872. 
John M. McKleroy, 1874. 
Leroy F. Box, 1876. 
H. C. Armstrong, 1880. 



Solomon Palmer, 1884. 
John G. Harris, 1890. 
John O. Turner, 1894. 
John W^. Abercrombie, 1898. 



COMMISSIONERS OF AGRICULTURE. 
(This office was created in 1883 and made elective in 1891.) 



Edward C. Betts (appointed), 1883. 
R. F. Kolb (appointed), 1887. 
Hector D. Lane (appointed), 1891; (elected), 
1892. 



I. F. Culver, 1896. 
R. R. Poole, 1900. 



XVlll 



Appendix. 



JUDGES OF THE SUPREME COURT. 



Until 1832 the Supreme Court was com- 
posed of the judges of the Circuit Court sit- 
ting collectively. From that year until 18.52, 
the Supreme Court consisted of three jus- 
tices. In 1852 the number was increased to 
five, but this law was repealed in 1854. 



Chief Justices : 

Clement C. Clay, 1820. 
Abner S. Lipscomb, 1823. 
Reuben Saffold, 1835. 
Henry Hitchcock, 1836. 
Arthur F. Hopkins, 183G. 
Henry W. Collier, 1837. 
Edward S. Dargan, 1849. 
William P. Chilton, 1852. 
George Goldthwaite, 1856. 
Samuel F. Rice, 1856. 
Abram J. Walker, 1859. 
ElishaW. Peck, 1868. 
Thomas M. Peters, 1873. 
R. C. Brickell, 1874. 
George W. Stone, 1884. 
R. C. Brickell, 1894. 
Thomas N. McClellan, 1898. 



Justices : 

Clement C. Clay, 1819. 
Abner S. Lipscomb, 1819. 
Henry Y. Webb, 1819. 
Ricliard Ellis, 1819. 
Reuben Saffold. 1819. 
Henry Minor, 182:3. 
John Gayle, 1823. 
John White, 1825. 
John M. Taylor, 1825. 
Sion L. Perry, 1828. 
Eli Shortridge, 1828. 
Henry W. Collier, 1828. 
Harry T. Thornton, 1833. 



Henry Hitchcock, 1835. 
Arthur F. Hopkins, 1836. 
Henry W. Collier, 1836. 
Henry Goldthwaite, 1836. 
John J. Ormond, 1837. 
Clement C. Clay, 1843. 
Henry Goldthwaite, 1843. 
Edward S. Dargan, 1847. 
William P. Chilton, 1847. 
Silas Parsons, 1849. 
Daniel Coleman, 1851. 
David G. Ligon, 1851. 
George Goldthwaite, 1852. 
John D. Phelan, 1852. 
Lyman Gibbons, 1852. 
Samuel F. Rice, 1855. 
Abram J. Walker, 1856. 
George W. Stone, 1856. 
Richard W. Walker, 1859. 
John D. Phelan, 1864. 
William McKendree Byrd, 1866. 
Thomas J. Judge, 1856. 
Thomas M. Peters, 1868. 
Benjamin F. Saffold, 1868. 
R. C. Brickell, 1873. 
Thomas J. Judge, 1874. 
Amos W. Manning, 1874. 
George W. Stone, 1876. 
H. M. Somerville, 1880. 
David Clopton, 1884. 
T. N. McClellan, 1889. 
Thomas W. Coleman, 1890. 
Richard W. Walker, 1891. 
W. S. Thorington, 1892. 
J. B. Head, 1892. 
Jonathan Haralson, 1892. 
John R. Tyson, 1898. 
Henry A. Sharpe, 1898. 
James R. Dowdell, 1898. 



State Officers. 



XIX 



SENATORS IN CONGRESS. 



United Stales Senators. 

William R. King, 1819-1844. 

John W. Walker, 1819-1822. 

William Kelly, 182;i-1825. 

Henry Chambers, 1825-1826. 

Israel Pickens, April 10-Dec. 21, 182G. 

John McKinley, 1826-1831. 

Gabriel Moore, 1831-1837. 

Clement C. Clay, 1837-1841, 

Arthur P. Bagby, 1841-1848. 

William R. King, 1848-1853. 

Dixon Hall Lewis, 1844-1848. 

Benjamin Fitzpatrick, 1848-1849. 

Jeremiah Clemens, 1849-1853. 

Clement C. Clay, 1853 (withdrew) 1860. 

Benjamin Fitzpatrick, 1853 (withdrew) 1861 . 

Confederate States Senators. 

William L. Yancey, 1861-1863. 
Clement C. Clay, 1862-1864. 
Robert Jemison, 1863-1865. 
Richard W. Walker, 1864-1865. 



United States Senators. 

George S. Houston, 1865. 1 
Lewis E. Parsons, 1865. 
John A. Winston, 18()7. J 
Willard Warner, 1868-1871. 
George E. Spencer, 1868-1879. 
George Goldthwaite, 1872-1877. 
John T. Morgan, 1877-. 
George S. Houston, 1879-1883. 
James G. Pugh, 1883-1897. 
Edmund Winston Pettus, 1897- 



! Elected, but 
( not seated. 



REPRESENTATIVES IN CONGRESS. 



Sixteenth Congress, 1819-1821. 

John Crowell. 
Seventeenth Congress, 1821-1823. 

Gabriel Moore. 
Eighteenth Congress, 1823-1825. 
John McKee, Gabriel Moore, George W. 
Owen. 
Nineteenth Congress, 1825-1827. 
John McKee, Gabriel Moore, George W. 
Owen. 
Twentieth Congress, 1827-1829. 
John McKee, Gabriel Moore, George W. 
Owen. 
Twenty-first Congress, 1829-1831. 
Robert E. B. Baylor, Clement C. Clay, 
Dixon H. Lewis. 
Twenty-second Congress, 1831-1833. 
Clement C. Clay, Dixon II. Lewis, Samuel 
W. Mardis. 
Twenty-third Congress, 1833-1835. 
C. C. Clay, Dixon II. Lewis, Samuel W. 
Mardis, John McKinley, John Murphy. 



Twenty-fourth Congress, 1835-1837. 
Reuben Chapman, Joab Lawler, Dixon 
H. Lewis, Joshua L. Martin, Francis S. 
Lyon. 
Twenty-fifth Congress, 1837-1839. 
Reuben Chapman, Joab Lawler (18-37- 
1838), George W. Crabb (1838-1839), 
Dixon II. Lewis, Joshua L. Martin, 
Francis S. Lyon. 
Twenty-sixth Congress, 1839-1841. 
Reuben Chapman, George W. Crabb, 
James Dellet, David Hubbard, Dixon 
H. Lewis. 
Twenty-seventh Congress, 1841-1843. 
Reuben Chapman, George S. Houston, 
Dixon H. Lewis, William W. Payne, 
Benjamin D. Shields. 
Twenty-eighth Congress, 1843-1845. 
James E. Belser, Reuben Chapman, 
James Dellet, G. S. Houston, Dixon 
H. Lewis (to 1844), F. Ci. McConnell, 
W. W. Payne, William L.Yancey (1844.) 



XX 



Appendix. 



Bepresentatives in Congress. 
Taventy-ninth Congress, 1845-1847. 
Reuben Chapman, Edward S. Durgan, 
Henry W. Hilliard, G. S. Houston, F. 
G. McConnell, W. W. Payne, W. L. 
Yancey (to 1846), Franklin W. Bowdon 
(1846), James L. F. Cottrell (1846). 
Thirtieth Congress, 1847-1849. 
Franklin W. Bowdon, W. R. W. Cobb, 
John Gayle, Sampson W. Harris, 
Henry W. Hilliard, George S. Houston, 
Samuel W. Inge. 
Thirty-first Congress, 1849-1851. 
W. J. Alston, Franklin W. Bowdon, W. 
R. W. Cobb, S. W. Harris, H. W. Hil- 
liard, David Hubbard, S. W. Inge. 
Thirty-second Congress, 1851-1853. 
James Abercrombie, John Bragg, W. R. 
W. Cobb, S. W. Harris, G. S. Houston, 
W. R. Smith, Alexander White. 
Thirty-third Congress, 1853-1855. 
James Abercrombie, W. R. W. Cobb, 
James F. Dowdell, S. W. Harris, 
George S. Houston, Philip Phillips, 
William R. Smith. 
Thirty-fourth Congress, 1855-1857. 
W. R. W. Cobb, James F. Dowdell, S. 
W. Harris, George S. Houston, Eli S. 
Shorter, William R. Smith, Percy 
Walker. 
Thirty-fifth Congress, 1857-1859, 
W. R. W. Cobb, Jabez L. M. Curry, 
James F. Dowdell, George S. Houston, 
Sydenham Moore, Eli S. Shorter, James 
A. Stallworth. 
Thirty-sixth Congress, 1859-1861. 
David Clopton, W^ R. W. Cobb, Jabez 
L. M. Curry, George S. Houston, Syden- 
ham Moore, James L. Pugh, James A. 
Stallworth. 
(Alabama was not represented in the Thirty- 
seventh or the Thirty-eighth Congress.) 

In Confederate Congress. 

William P. Chilton, 1861-1865. 
J. L. M. Curry, 1861-1864. 
Thomas Fearn, 1861. 
David Lewis, 1861. 
Stephen F. Hale, 1861-1862. 
Henry C. Jones, 1861. 



Colin J. McRae, 1861-1862. 
John G. Shorter, 1861-1862. 
Robert H. Smith, 1861-1862. 
Richard W. Walker, 1861-1862. 
Cornelius Robinson, 1861-1862. 
Nicholas Davis, 1861-1862. 
Edward S. Dargan, 1862-1864. 
John P. Ralls, 1862-1864. 
David Clopton, 1862-1865. 
Thomas J. Foster, 1862-1865. 
Francis S. Lyon, 1862-1865. 
James L. Pugh, 1862-1865. 
William R. Smith, 1862-1865. 
Marcus D. Cruikshank, 1864-1865. 
James S. Dickinson, 1864-1865. 



United States Congress. 

Thirty-ninth Congress, 1865-1867. 
(Representatives elected in the Recon- 
struction period, but denied seats.) 
Charles C. Langdon, George C. Free- 
man, Cullen A. Battle, Joseph W. 
Taylor, Burwell T. Pope, Thomas J. 
Foster. 
Fortieth Congress, 1867-1869. 
F. W. Kellogg, Charles W. Buckley, Ben- 
jamin W. Norris, Charles W. Pierce, 
John B. Callis, Thomas Haughey. 
(These took their seats in 1868.) 
Forty-first Congress, 1869-1871. 
Alfred E. Buck, Charles W. Buckley, 
Robert S. Ileflin, Charles Hays, Peter 
M. Dox, W. C. Sherrod. 
Forty-second Congress, 1871-1873. 
Benjamin F. Turner, Charles W. Buckley, 
William A. Handley, Charles Hays, 
Peter M. Dox, Joseph H. Sloss. 
Forty-third Congress, 1873-1875. 
F. G. Bromberg, J. T. Rapier, C. Pelham, 
C. Hays, John II. Caldwell, Joseph H. 
Sloss, Alexander White, C. C. Sheats. 
Forty-fourth Congress, 1875-1877. 
W. II. Forney, B. B. Lewis, J. Haralson, 
J. H. Caldwell, J. N. Williams, Paul 
Bradford, C. Hays, G. W. Hewitt. 
Forty-fifth Congress, 1877-1879. 
James T. Jones, Hilary A. Herbert, J. N. 
Williams, C. M. Shelley, Robert F. 
Ligon, G. W. Hewitt, William II. For- 
ney, William W. Garth. 



STATE OFFICERS. 



XXI 



Forty-sixth Congress, 1879-1881. 
James II. Ilerndoii, Hilary A. Herbert, 
William J. Samford, Charles M. Shel- 
ley, Thomas Williams, B. B. Lewis. 
William II. Forney, William M. Lowe. 
Forty-seventh Congress, 1881-1883. 
Thomas A. Ilerndon, Hilary A. Herbert, 
William C. Gates, C. M. Shelley, 
Thomas Williams, G. W. Hewitt, Wil- 
liam II. Forney, Joseph Wheeler. 
Forty-eighth Congress, 1883-1885. 
James T. Jones, Hilary A. Herbert, Wil- 
liam C. Gates, C. M. Shelley, Thomas 
Williams, G. W. Hewitt, William H. 
Forney, Luke Pryor. 
Forty-ninth Congress, 1885-1887. 
James T. Jones, Hilary A. Herbert, Wil- 
liam C. Gates, A. C. Davidson, T. W. 
Sadler, J. M. Martin, William H. For- 
ney, Joseph Wheeler. 
Fiftieth Congress, 1887-1889. 
James T. Jones, Hilary A. Herbert, Wil- 
liam C. Gates, A. C. Davidson, James 
E. Cobb, John II. Bankhead, William 
II. Forney, Joseph Wheeler. 
Fifty-first Congress, 1889-1891. 
Richard Clarke, Hilary A. Herbert, Wil- 
liam C. Gates, John V. McDuffie (in 
phice of Louis W. Turpin, unseated), 
James E. Cobb, J. II. Bankhead, Wil- 
liam II. Forney, Joseph Wheeler. 
Fifty-second Congress, 1891-1893. 
Richard II. Clarke, Hilary A. Herbert, 
William C. Gates, Louis W. Turpin, 
James E. Cobb, J. II. Bankhead, Wil- 
liam II. Forney, Joseph Wheeler. 
Fifty-third Congress, 1893-1895. 
R. H. Clarke, Jesse F. Stallings, William 
C. Gates, Gaston A. Robbins, James E. 
Cobb, J. H. Bankhead, W. II. Deuson, 
Joseph Wheeler, L. W. Turpin. 
Fifty-fourth Congress, 1895-1897. 
R. H. Clarke, J. F. Stallings, George P. 
Harrison, William F. Aldrich (to suc- 
ceed Gaston A. Robbins, unseated in 
1896), A. T. Goodwyn (to succeed J. E. 
Cobb, unseated in 189t*), John II. Bank- 
liead, M. W. Howard, Joseph Wheeler, 
Gscar W. Underwood. 



Fifty-fifth Congress, 1897-1899. 
George W. Taylor, J. F. Stallings, Henry 
D. Clayton, W. F. Aldrich (in place of 
T. S. Plowman, unseated in 1898), 
Willis Brewer, John II. Bankhead, M. 
W. Howard, Joseph Wheeler, G. W. 
Underwood. 

Fifty-sixth Congress, 1899-1901. 
George W. Taylor, J. F. Stallings, Henry 
D. Clayton, G. A. Robbins, Willis 
Brewer, J. II. Bankhead, John L. Bur- 
nett, J. Wheeler, G. W. Underwood. 



CONSTITUTION 

OF THE 

STATE OF ALABAMA 

1875. 



PREAMBLE. 

We, the people of the State of Alabama, in order to establish justice, insure domestic 
tranquillity, provide for the common defense, promote the general welfare, and secure 
to ourselves and to our posterity, life, liberty, and property, profoundly grateful to 
Almighty God for this inestimable right and invoking His favor and guidance, do ordain 
and establish the following Constitution and form of government for the State of Alabama: 

ARTICLE I. 

DECLARATION OP RIGHTS. 

That the great, general, and essential principles of liberty and free government may be 
recognized and established, we declare 

1. That all men are equally free and independent; that they are endowed by their 
Creator with certain inalienable rights ; that among these are life, liberty, and the pursuit 
of happiness. 

2. That all persons resident in this State, born in the United States, or naturalized, or 
who shall have legally declared their intention to become citizens of the United States, 
are hereby declared citizens of the State of Alabama, possessing equal civil and political 
rights. 

3. That all political power is inherent in the people, and all free governments are 
founded on their authority, and instituted for their benefit ; and that, therefore, they have 
at all times an inalienable and indefeasible right to change their form of government, in 
such manner as they may deem expedient. 

4. That no religion shall be established by law ; that no preference shall be given by 
law to any religious sect, society, denomination, or mode of worship ; that no one shall 
be compelled by law to attend any place of worship, nor to pay any tithes, taxes, or other 
rate for building or repairing any i)lace of worship, or for maintaining any minister 
or ministry ; that no religious test shall be required as a qualification to any office or 
public trust, under this State ; and that the civil rights, privileges, and capacities of any 
citizen shall not be in any manner affected by his religious principles. 



Constitution. xxiii 

5. Thai any citizen maj' speak, write, and .publisli his sentiinonts on all subjects ; 
being responsible for the abuse of that libertj'. 

6. That the people shall be secure in their persons, liouses, papers, and possessions, 
from unreasonable seizures or searches, and that no warrant shall issue to search any 
place, or to seize any person or thing without probable cause, supported by oath or 
affirmation. 

7. That in all criminal i)roi<ocution!!:, the accused lias a right to be heard by hiuiself and 
counsel, or either ; to demand the nature and cause of the accusation ; to have a copy 
thereof ; to be confronted by the witnesses against him ; to have compulsory process for 
obtaining witnesses in his favor ; and in all prosecutions by indictment a speedy, public 
trial, by an impartial jury of the county or district in which the offence was committed ; 
and that he shall not be compelled to give evidence against himself, nor be deprived of 
his life, liberty, or property, but by due process of law. 

8. That no person shall be accused, or arrested, or detained, except in cases ascertained 
by law, and according to the forms which the same has prescribed ; and no person shall 
be punished, but by virtue of a law established and promulgated prior to the offense, and 
legally applied. 

9. That no person shall, for any indictable offense, be proceeded against criminally, 
by information ; except in cases arising in the militia and volunteer forces when in 
actual service, or, by leave of the court, for misfeasance, misdemeanor, extortion, and 
oppression in office, otherwise than is provided in this Constitution ; Provided, That in 
case of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, 
and other misdemeanors, the General Assembly may, by law, dispense with a grand jury, 
and authorize such prosecutions and proceedings before justices of the peace, or such 
other inferior courts, as may be by law established. 

10. That no. person shall, for the same offense, be twice put in jeopardy of life or 
limb. 

11. That no person shall be debarred from prosecuting or defending, before any 
tribunal in this State, by himself or counsel, any civil cause to which he is a party. 

12. That the right of trial by jury shall remain inviolate. 

13. That in prosecutions for the publication of papers in\'fe8tigating the official con- 
duct of officers or men in public capacity, or when the matter published is proper for public 
information, the truth thereof may be given in evidence ; and that in all indictments 
for libel, the jury shall have the right to determine the law and the facts, under the direc- 
tion of the court. 

14. That all courts shall be open ; and that every person, for any injury done him, in 
his lands, goods, person, or reputation, shall have a remedy by due process of law ; and 
right and justice shall be administered without sale, denial, or delay. 

15. That the State of Alabama shall never be made defendant in any court of law or 
equity. 

16. That excessive fines shall not be imposed, nor cruel or unusual punishments 
inflicted. 

17. That all persons shall, before conviction, be bailable by sufficient sureties, except 
for capital offenses, when the proof is evident, or the presumi)tion great. Excessive bail 
shall not, in any case, be required. 

18. The privilege of the writ of habeas corpus shall not be suspended by the au- 
thorities of this State. 

19. That treason against the State shall consist only in levying war against it, or adher- 
ing to its enemies, giving them aid and comfort ; and that no person shall be convicted 
of treason, except on the testimony of two witnesses to the same overt act, or his confes- 
sion in open court. 



xxiv APPENDIX. 

20. That no person 8hall be attainted of treason by the General Assembly ; and that no 
conviction shall work corruption of blood or forfeiture of estate. 

21. That no person shall be imprisoned for debt. 

22. That no power of suspending laws shall be exercised, except by the General 
Assembly. 

23. That no ex j^ost facto law, nor any law impairing the obligation of contracts, or 
making any irrevocable grants of special privileges, or immunities, shall be passed by the 
General Assembly. 

24. That the exercise of the right of eminent domain shall never be abridged nor so 
construed as to prevent the General Assembly from taking the property and franchises of 
incorporated companies and subjecting them to public use the same as individuals. But 
private property shall not be taken or applied for public use, unless just compensation be 
first made therefor ; nor shall private property be taken for private use, or for the use of 
corporations, other than municipal, without the consent of the owners ; Provided^ how- 
ever. That the General Assembly may, by law, secure to persons or corporations the 
right-of-way over the lands of other persons or corporations, and by general laws provide 
for and regulate the exercise by persons and corporations of the rights herein reserved, 
but just compensation shall, in all cases, be first made to the owner ; And, provided. That 
the right of eminent domain shall not be so construed as to allow taxation or forced sub- 
scription for the benefit of railroads or any other kind of corporations, other than munic- 
ipal, or for the benefit of any individual or association. 

25. That all navigable waters shall remain forever public highways, free to the citi- 
zens of the State, and of the United States, without tax, impost, or toll ; and that no tax, 
toll, impost, or wharfage shall be demanded or received from the owner of any mer- 
chandise or commodity, for the use of the shores, or any wharf erected on the shores, 
or in or over the waters of any navigable stream, unless the same be expressly authorized 
by law. 

26. That the citizens have a right, in a peaceable manner, to assemble together for the 
common good, and to apply to those invested with the power of government for redress 
of grievances, or other purposes, by petition, address, or remonstrance. 

2?. That every citizen has a right to bear arms in defense of himself and the 
State. 

28. That no standing army shall be kept up without the consent of the General 
Assembly, and in that case no appropriation for its support shall be made for a longer 
term than one year ; and the military shall, in all cases and at all times, be in strict sub- 
ordination to the civil power. 

29. That no soldier shall, in time of peace, be quartered in any house without the con- 
sent of the owner, nor in time of war but in a manner to be prescribed by law. 

30. That no title of nobility or hereditary distinction, privilege, honor, or emolument 
shall ever be granted or conferred in this State ; and that no office shall be created the 
appointment to which shall be for a longer time than during good behavior. 

31. That immigration shall be encouraged ; emigration shall not be prohibited, and 
that no citizen shall be exiled. 

32. That temporary absence from the State shall not cause a forfeiture of residence 
once obtained. 

33. That no form of slavery shall exist in this State ; and there shall be no involuntary 
servitude, otlierwise than for the punishment of crime, of which the party shall have 
been duly convicted. 

34. The right of suffrage shall be jjrotected by laws regulating elections, and prohib- 
iting, under adequate penalties, all undue influences from power, bribery, tumult, or 
other improper conduct. 



Constitution. xxv 

35. The people of this State accept as final the established fact, tliat from the Fed- 
eral Union there can be no secession of any State. 

36. Foreigners who are or may hereafter become bona fide residents of this State shall 
enjoy the same rights in respect to the possession, enjoyment, and inheritance of prop- 
erty, as native born citizens. 

37. That the sole object and only legitimate end of government is to protect the citizen 
in the enjoyment of life, liberty, and property, and when the government assumes other 
functions, it is usurpation and oppression. 

38. No educational or property qualification for suffrage or office, nor any restraint 
ujjon the same on account of race, color, or previous condition of servitude, shall be 
made by law. 

39. That this enumeration of certain rights shall not impair or deny others retained by 
the people. 

ARTICLE II. 

STATE AND COUNTY BOUNDARIES. 

1. The boundaries of this State are established and declared to be as follows ; that is 
to say : Beginning at the point where the thirty-first degree of north latitude crosses the 
Perdido River, thence east to the western boundary line of the State of Georgia ; thence 
along said line to the southern boundary line of the State of Tennessee ; thence west 
along the southern boundary line of the State of Tennessee, crossing the Tennessee 
River, and on to the second intersection of said river by said line ; thence up said river 
to the mouth of Big Bear Creek ; thence by a direct line to the northwest corner of Wash- 
ington County, in this State, as originally formed ; thence southerly along the line of 
the State of Mississippi to the Gulf of Mexico; thence eastwardly, including all islands 
within six leagues of the shore, to the I'erdido River ; thence up the said river to the be- 
ginning. 

2. The boundaries of the several counties of this State, as heretofore established by 
law, are hereby ratified and confirmed. The General Assembly may, by a vote of two- 
thirds of both houses thereof, arrange and designate boundaries for tlie several C9unties 
of this State, which boundaries shall not be altered, except by a like vote ; but no new 
counties shall be hereafter formed of less extent than six hundred square miles, and no 
existing county shall be reduced to less extent than six hundred square miles ; and no 
new county shall be formed which does not contain a sufficient number of inhal)itants to 
entitle it to one representative, under the ratio of representation existing at tiie time of 
its formation, and leave the county or counties from which it is taken with the required 
number of inhabitants entitling such county or counties to separate representation. 

ARTICLE III. 

DISTRIBUTION OF POWERS OF GOVERNMENT. 

1. The powers of the government of the State of Alabama shall be divided into three 
distinct departments, each of which shall be confided to a separate body of magistracy, 
to-wit : Those which are legislative to one ; those which are executive to another ; and 
those which are judicud to another. 

2. No person, or collection of persons, being of one of those departments, shall exercise 
any power properly belonging to either of the others, except in the instances hereinafter 
expressly directed or permitted. 



xxvi APPENDIX. 



ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

1. The legislative power of this State shall be vested in a General Assembly, which 
shall consist of a Senate and House of Representatives. 

2. The style of the laws of this State shall be : " Be it enacted by the General Assem- 
bly of Alabama." Each law shall contain but one subject, which shall be clearly 
expressed in its title, except general appropriation bills, general revenue bills, and bills 
adopting a code, digest, or revision of statutes ; and no law shall be revised, amended, or 
the provisions thereof extended or conferred, by reference to its title only ; but so much 
thereof as is revived, amended, extended, or conferred, shall be re-enacted and published 
at length. 

3. Senators and Representatives shall be elected by the qualified electors on the first 
Monday in August, eighteen hundred and seventy-six, and one half of the Senators and 
all of the Representatives shall be elected every two years thereafter, unless the General 
Assembly shall change the time of holding elections. The term of the office of the 
Senators shall be four years, and that of the Representatives two years, commencing on 
the day after the general election, except as otherwise provided in this Constitution. 

4. Senators shall be at least twenty-seven years of age, and Representatives twenty-one 
years of age ; they shall have been citizens and inhabitants of this State for three years, 
and inhabitants of their respective counties or districts one year next before their election, 
if such county or district shall have been so long established, bu^if not, then of the county 
or district from which the same shall have been taken ; and they shall reside in their 
respective counties or districts during their terms of service. 

5. The General Assembly shall meet biennially, at the capitol, in the Senate Chamber 
and in the Hall of the House of Representatives (except in cases of destruction of the 
capitol, or epidemics, when the Governor may convene them at such place in the State as 
he may deem best), on the day specified in this Constitution, or on such other day as may 
be prescribed by law, and shall not remain in session longer than sixty days at the first 
session held under this Constitution, nor longer than fifty days at any subsequent session. 

6. The pay of the members of the General Assembly shall be four dollars per day, and 
ten cents per mile in going to and returning from the seat of government, to be computed 
by the nearest usual route travelled. 

7. The General Assembly shall consist of not more than thirty-three Senators, and 
not more than one hundred members of the House of Representatives, to be apportioned 
among the several districts and counties as prescribed in this Constitution. 

8. The Senate, at the beginning of each regular session, and at such other times as 
may be necessary, shall elect one of its members President thereof, and the House of 
Representatives, at the beginning of each regular session, shall elect one of its members 
as Speaker ; and the President of the Senate and the Speaker of the House of Representa- 
tives shall hold their offices, respectively, until their successors are elected and qualified. 
Each house shall choose its own officers, and shall judge of the election returns and 
qualifications of its members. 

9. At the general election, in the year eighteen hundred and seventy-six. Senators 
shall be elected in the even-numbered districts, to serve for two years, and in the odd- 
numbered districts to serve for four years, so that hereafter one-half the Senators may be 
chosen biennially. Members of the House of Representatives shall be elected at the 
general election every second year. The time of service of Senators and Representatives 



Constitution. xxvii 

shall begin on the day after their election, except the terms of those elected in the year 
eighteen hundred and seventy-six, wlilch shall not begin until the terms of the present 
members shall have expired. Whenever a vacancy sliall occur in either house, the Gov- 
ernor for the time being shall issue a writ of election to fill such vacancy for the re- 
mainder of the term. 

10. A majority of each house shall constitute a quorum to do business, but a smaller 
number may adjourn from day to day, and may compel the attendance of absent mem- 
bers, in such manner and under such penalties, as each house may provide. 

11. F^ach house shall have power to determine the rules of its proceedings, and to 
punish its members, or other persons, for contempt or disorderly behavior in its i)resence, 
to enforce obedience to its process, to protect its members against violence, or otTers of 
bribes or corrupt solicitation, and with the concurrence of two-thirds of either house to 
expel a member, but not a second time for the same cause, and shall have all the powers 
necessary for the Legislature of a free State. 

12. A member of either house expelled for corruption shall not thereafter be eligible 
to either house, and punishment for contempt or disorderly behavior shall not bar an 
indictment for the same oflfense. 

13. Each house shall keep a journal of its proceedings, and cause the same to be pub- 
lished immediately after its adjournment, excepting such parts as, in its judgment, may 
require secrecy ; and the yeas and nays of the members of either house, on any question 
shall, at the desire of one-tenth of the members present, be entered on the journals. Any 
member of either house shall have liberty to dissent from or protest against any act or 
resolution which he may think injurious to the public or an individual, and have the 
reasons for his dissent entered on the journals. 

14. Members of the General Assembly shall, in all cases except treason, felony, viola- 
tion of their oath of office, and breach of the peace, be privileged from arrest during their 
attendance at the sessions of their respective houses, and in going to and returning from 
the same, and for any speech or debate in either house they shall not be questioned in 
any other place. 

15. The doors of each house shall be open, except on such occasions as, in the opinion 
of the house, may require secrecy. 

10. Neither house shall, without the consent of the other, adjourn for more than three 
days, nor to any other place than that in Avhich they may be sitting. 

17. No Senator or Representative shall, during the term for which he shall have been 
elected, be appointed to any civil office of profit under this State, which shall have been 
created, or the emoluments of which shall have been increased during such term, except 
such offices as may be filled by election by the people. 

18. No person hereafter convicted of embezzlement of the public money, bribery, per- 
jury, or other infamous crime, shall be eligible to the General Assembly, or capable of 
holding any office of trust or profit in this State. 

19. No law shall be passed except by bill, and no bill shall be so altered or amended 
on its passage through cither house as to change its original purpose. 

20. No bill shall become a law until it shall have been referred to a committee of each 
house and returned therefrom. 

21. Every bill shall be read on three different days in each house, and no bill shall be- 
come a law unless on its final passage it be read at length and the vote be taken by yeas 
and nays, tiie names of the members voting for and against the same be entered on the 
journals, and a majority of each house; be recorded thereon as voting in its favor, except 
as otherwise i)rovided in this Constitution. 

22. No amendments to l)ills by one house shall be concurred in by the other, except by 
a vote of a majority thereof, taken by yeas and nays, and the nan)es of those voting for 



xxviii APPENDIX. 

and against recorded upon the journals ; and reports of committees of conference shall in 
like manner be adopted in each house. 

23. No special or local law shall be enacted for the benefit of individuals or corpora- 
tions in cases which are or can be provided for by a general law, or where the relief sought 
can be given by any court of this State. Nor shall the operation of any general law be 
suspended by the General Assembly for the benefit of any individual, corporation, or 
association. 

24. No local or special law shall be passed, on a subject which can not be provided for 
by a general law, unless notice of the intention to apply therefor shall have been published 
in the locality where the matter or things to be affected may be situated, which notice 
shall be at least twenty days prior to the introduction into the General Assembly of such 
bill ; the evidence of such notice having been given, shall be exhibited to the General 
Assembly, before such bill shall be passed; Pi-ovided, That the provisions of this Consti- 
tution, as to special or local laws, shall not apply to public or educational institutions of 
or in this State, nor to industrial, mining, immigration, or manufacturing corporations or 
interests, or corporations for constructing canals, or improving navigable rivers or harbors 
of this State. 

25. The General Assembly shall pass general laws, under which local and private 
interests shall be provided for and protected. 

26. The General Assembly shall have no power to authorize lotteries or gift enterprisee 
for any purpose, and it shall pass laws to prohibit the sale of lottery or gift enterprise tickets, 
or tickets in any scheme in the nature of a lottery, in this State ; and all acts, or parts of 
acts, heretofore passed by the General Assembly of this State, authorizing a lottery or 
lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided. 

27. The presiding officer of each house shall, in the presence of the house over which 
he presides, sign all bills and joint resolutions passed by the General Assembly, after the 
titles have been publicly read immediately before signing, and the fact of signing shall be 
entered on the journal. 

28. The General Assembly shall prescribe by law the number, duties, and compensation 
of the officers and employees of each house ; and no payment shall be made from the 
State Treasury, or be in any way authorized to any person, except to an acting officer or 
employee, elected or appointed in pursuance of law. 

29. No bill shall be passed giving any extra compensation to any public officer, servant 
or employee, agent or contractor, after the services shall have been rendered, or contract 
made ; nor shall any officer of the State bind the State to the payment of any gum of 
money but by authority of law. 

30. All stationery, printing, paper, and fuel used in the legislative and other departments 
of government, shall be furnished, and the printing, binding, and distribution of laws, 
journals, department reports, and all other printing and binding, and repairing and fur- 
nisiiing the halls and rooms used for the meetings of the General Assembly and its com-- 
mittees, shall be performed under contract, to be given to the lowest responsible bidder 
below a maxinmm price, and under such regulations as shall be prescribed by law ; no 
member or officer of any department of the government shall be in any way interested in 
such contracts, and all such contracts shall be subject to the approval of the Governor, 
State Auditor, and State Treasurer. 

31. All bills for raising revenues shall originate in the House of Representatives ; but 
the Senate may propose amendments, as in other bills. 

32. The General Appropriation Bill shall embrace nothing but appropriations for the 
ordinary expenses of the lijxecutive, Legislative, and Judicial departments of the State, 
interest on the public debt, and for the public schools ; all other appropriations shall be 
made by separate bills, each embracing but one subject. 



Constitution, xxix 

33. No money shall be paid out of the Treasury except upon appropriations made by 
law, and on warrant drawn by the proper olHcer in pursuance thereof : and a regular 
statement and account of receipts and expenditures of all public moneys i^hall be pub- 
lished annually, in such manner as may be by law directed. 

34. No appropriation shall be made to any charitable or educational institution not 
under the absolute control of the State, other than Normal schools, established by law 
for the professional training of teachers for the public schools of the State, except by a 
vote of two-thirds of all the members elected to each house. 

35. No act of the General Assembly shall authorize the investment of any trust fund 
by executors, adniinistrators, guardians, and other trustees, in the bonds or stock of any 
private coi-poration ; and any such acts now existing are avoided, saving investments 
heretofore made. 

36. The power to change the venue, in civil and criminal causes, is vested in the courts, 
to be exercised in such manner as shall be provided by law. 

37. When the General Assembly shall be convened in special session, there shall be no 
legislation upon subjects other than those designated in the proclamation of the Governor 
calling such sessions. 

38. No State office shall be continued or created for the inspection or measuring of any 
merchandise, manufacture, or commodity ; but any county or municipality may appoint 
such officers, when authorized by law. 

39. No act of the General Assembly changing the seat of government of the State shall 
become a law until the same shall have been submitted to the qualified electors of the 
State at a general election, and approved by a majority of such electors voting on the 
game, and such act shall specify the proposed new location. 

40. A member of the General Assembly who shall corruptly solicit, demand, or receive, 
or consent to receive, directly or indirectly, for himself or for another, from any com- 
pany, corporation, or person, any money, office, appointment, employment, reward, thing 
of value, or enjoyment, or of personal advantage or promise thereof, for his vote or official 
influence, or for withholding the same, or with an understanding, expressed or implied, 
that his vote or official action shall be in any way influenced thereby, or who shall solicit 
or demand any such money or other advantages, matter, or thing aforesaid for another, as 
the consideration of his vote or official influence, or for withholding the same, or shall 
give or withhold his vote or influence in consideration of the payment or promise of such 
money, advantage, matter, or thing to another, shall be guilty of bribery within the mean- 
ing of this Constitution, and shall incur the disabilities provided thereby for such 
offense, and such additional punishment as is, or shall be, provided by law. 

41. Any person who shall, directly or indirectly, offer, give, or promise any money or 
thing of valued testimonial, privilege, or personal advantage to any executive or judicial 
officer, or member of the General Assembly, to influence him in the performance of any 
of his public or official duties, shall be guilty of bribery and be punished in such manner 
as shall be provided by law. 

42. The offense of corrupt solicitation of members of the General Assembly, or of 
public officers of this State, or of any municipal division thereof, and any occupation or 
practice of solicitation of such member, or officers, to influence their official action, shall 
be defined by law, and shall be punished by fine and imprisonment. 

43. A member of the (ieneral Assembly, who has a jjcrsonal or private interest in any 
measure or bill, proposed or pending before the (Jeneral Assembly, shall disclose the fact 
to the house of which he is a member, and shall not vote thereon. 

44. In all elections by the General Assembly, the members shall vote lira voce, and the 
votes shall be entered on the journals. 

45. It shall be the duty of the General Assembly to pass such laws as may be neces- 



XXX APPENDIX. 

sary and proper to decide differences by arbitrators, to be appointed by the parties who 
may choose that mode of adjustment. 

46. It shall be the duty of the General Assembly, at its first session after the ratifica- 
tion of this Constitution, and within every subsequent period of ten years, to make provi" 
sion by law for the revision, digesting, and promulgating of the public statutes of this 
State of a general nature, both civil and criminal. 

47. The General Assembly shall pass such penal laws as they may deem expedient to 
suppress the evil practice of duelling. 

48. It shall be the duty of the General Assembly to regulate by law the cases in which 
deductions shall be made from the salaries of public officers, for neglect of duty in their 
official capacities, and the amount of such deductions. 

49. It shall be the duty of the General Assembly to require the several counties of this 
State to make adequate provision for the maintenance of the poor. 

50. The General Assembly shall not have power to authorize any municipal corpora- 
tion to pass any laws inconsistent with the general laws of this State. 

51. In the event of annexation of any foreign territory to this State, the General As- 
sembly shall enact laws extending to the inhabitants of the acquired territory all the 
rights and privileges which may be required by the terms of the acquisition, anything in 
this Constitution to the contrary notwithstanding. 

52. The General Assembly shall not tax the property, real and personal, of the State* 
counties, or other municipal corporations, or cemeteries ; nor lots in incorporated cities 
or towns, or within one mile of any city or town, to the extent of one acre, nor lots one 
mile or more distant from such cities or towns, to the extent of five acres, with the build- 
ings thereon, when the same are used exclusively for religious worship, for schools, or for 
purposes purely charitable ; nor such property, real or personal, to an extent not exceed- 
ing twenty-five thousand dollars in value, as may be used exclusively for agricultural or 
horticultural associations of a public character. 

53. The General Assembly shall by law prescribe such rules and regulations as may 
be necessary to ascertain the value of personal and real property exempted from sale under 
legal process by this Constitution, and to secure the same to the claimant thereof 
as selected. 

54. The State shall not engage in works of internal improvement, nor lend money or 
its credit in aid of such ; nor shall the State be interested in any private or corporate 
enterprise, or lend money, or its credit to any individual, association, or corporation. 

55. The General Assembly shall have no power to authorize any county, city, town, or 
other subdivision of this State, to lend its credit, or to grant public money or thing of 
value in aid of, or to any individual, association, or corporation whatsoever, or to become a 
stockholder in any such corporation, association, or company, by issuing bonds or other- 
wise. 

56. There can be no law of this State impairing the obligation of contracts by destroy- 
ing or impairing the remedy for their enforcement ; and the General Assembly shall 
have no power to revive any right or remedy which may have become barred by lapse of 
time or by any statute of this State. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

1. The Executive Department shall consist of a Governor, Secretary of State, State 
Treasurer, State Auditor, Attorney-General, and Superintendent of Education, and a 
Sheriff for each county. 



Constitution. xxxi 

2. The supreme executive power of this State shall be vested in a chief magistrate, 
wlio yhall be styled ''The Governor of tlie State of Alabama/' 

3. The Governor, SecreUiry of State, State Treasurer, State Auditor, and Attorney- 
General, shall be elected by the qualified electors of this State, at the same time and 
places appointed for the election of members of the General Assembly. 

4. The returns of every election for Governor, Secretary of State, State Auditor, State 
Treasurer, and Attorney-General, shall be sealed up and transmitted by the returning 
officers to the scat of government, directed to the Speaker of the House of Rei)reseuta- 
tives, who shall, during the first week of the session to which said returns shall be made, 
open and publish them in the presence of both houses of the General Assembly in joint 
convention. The person having the highest number of votes for either of said offices 
shall be declared duly elected ; but, if two or more shall have an equal and the highest 
number of votes for the same office, the General Assembly, by joint vote, without delay, 
shall choose one of said persons for said office. Contested elections for Governor, Secre- 
tary of State, State Auditor, State Treasurer, and Attorney-General, shall be determined 
by both houses of the General Assembly, in such manner as may be prescribed by law. 

5. The Governor, Secretary of State, State Treasurer, State Auditor, and Attr)rney- 
General, shall hold their respective offices for the term of two years from the time of 
their installation in office, and until their successors shall be elected and qualified. 

6. The Governor shall be at least thirty years of age when elected, and shall have been 
a citizen of the United States ten years, and a resident citizen of this State at least seven 
years next before the day of his election. 

7. The Governor, Secretary of State, State Treasurer, State Auditor, and Attorney- 
General, shall reside at the seat of government of this State during the time they continue 
in office, except in cases of epidemics ; and they shall receive compensation for their ser- 
vices, which shall be fixed by law, and which shall not be increased or diminished during 
the term for which they shall have been elected. 

8. The Governor shall take care that the laws be faithfully executed. 

9. The Governor may require information in writing under oath, from the officers of 
the Executive Department on any subject relating to the duties of their respective offices ; 
and he may at any time require information in writing, under oath, from all officers and 
managers of State institutions, upon any subject relating to the condition, management, 
and expenses of their respective offices and institutions ; and any such officer or manager 
who makes a false report shall be guilty of perjury and punished accordingly. 

10. The Governor may, by proclamation, on extraordinary occasions, convene the 
General Assembly at the seat of government, or at a different place if, since their last 
adjournment, that shall have become dangerous from an enemy, or from infectious or 
contagious diseases ; and he shall state specifically in such proclamation each matter 
concerning which the action of that body is deemed necessary. 

11. The Governor shall, from time to time, give to the General Assembly information 
of the state of the government, and recommend to their consideration such measures as 
he may deem expedient ; and at the commencement of each session of the General Assem- 
bly, and at the close of his term of office, give information, by written message, of the 
condition of the State ; and he shall account to the General Assembly, as may be pre- 
scribed by law, for all moneys received and paid out by him from any funds subject to 
his order, with the vouchers therefor ; and he shall, at the commencement of each 
regular session, present to the General Assembly estimates of the amount of money 
required to be raised by taxation for all purposes. 

12. The Governor shall have power to remit fines and forfeitures, under such rules and 
regulations as may be prescribed l)y law, and after conviction, to grant reprieves, com- 
mutation of sentence, and pardons (except in cases of treason and impeachment) ; but 



xxxii APPENDIX. 

pardons in cases of murder, arson, burglary, rape, assault with attempt to commit rape, 
perjury, forgery, bribery, and larceny, shall not relieve from civil and political disability 
unless specifically expressed in the pardon. Upon conviction of treason, the Governor 
may suspend the execution of the sentence, and report the same to the General Assembly 
at the next regular session, when the General Assembly shall either pardon, commute the 
sentence, direct its execution, or grant further reprieve. He shall communicate to the 
General Assembly at every regular session, each case of reprieve, commutation, or pardon 
granted, witli his reasons therefor ; stating the name and crime of the convict, the sen- 
tence, its date and the date of reprieve, commutation, or pardon. 

13. Every bill which shall have passed both houses of the General Assembly shall be 
presented to the Governor ; if he approve, he shall sign it, but if not, he shall return it 
with his objections, to that house in which it shall have originated, who shall enter the 
objections at large upon the journals; and the house to which such bill shall be returned 
shall proceed to reconsider it ; if, after such reconsideration, a majority of the whole num- 
ber elected to that house shall vote for the passage of such bill, it shall be sent, with the 
objections, to the other house, by which it shall likewise be reconsidered ; if approved by 
a majority of the whole number elected to that house, it shall become a law ; but, in such 
cases, the votes of both houses shall be determined by yeas and nays, and the names of 
the members voting for or against the bill shall be entered upon the journals of each 
house respectively ; if any bill shall not be returned by the Governor within five days 
(Sundays excepted), after it shall have been presented to him, the same shall be a law in 
like manner as if he had signed it, unless the General Assembly by their adjournment, 
prevent its return, in which case it shall not be a law. And every order, vote, or resolu- 
tion to which the concurrence of both houses may be necessary (except questions of 
adjournment and of bringing on elections by the two houses, and of amending this Con- 
stitution) shall be presented to the Governor and before the same shall take effect be 
approved by him, or being disapproved shall be repassed by both houses, according to 
the rules and limitations prescribed in the case of a bill. 

14. The Governor shall have power to disapprove of any item or items of any bill mak- 
ing appropriations of money, embracing distinct items, and the part, or parts, of the bill 
approved, shall be the law, and the item or items disapproved shall be void, unless 
repassed according to the rules and limitations prescribed for the passage of other bills 
over the executive veto ; and he shall, in writing, state specifically the item or items he 
disapproves. 

15. In case of the impeachment of the Governor, his removal from office, death, refusal 
to qualify, resignation, absence from the State, or other disability, the President of the 
Senate shall exercise all the power and authority appertaining to the office of Governor, 
until the time appointed for the election of Governor shall arrive, or until the Governor 
who is absent, or impeached, shall return or be acquitted, or other disability be removed; 
and if during such vacancy in the office of Governor, the President of the Senate shall be 
impeached, removed from office, refuse to qualify, die, resign, be absent from the State, 
or be under any other disability, the Speaker of the House of Representatives shall, in 
like manner, administer the government. If the Governor shall be absent from the State 
over twenty days, the Secretary of State shall notify the President of the Senate, who shall 
enter upon the duties of Governor ; and if the Governor and President of the Senate shall 
both be absent from the State over twenty days, the Secretary of State shall notify the 
Speaker of the House of Representatives, and in such case he shall enter upon and dis- 
charge the duties of Governor, until the return of the Governor or President of the 
Senate. 

16. The President of the Senate and Speaker of the House of Representatives shall, 
during the time they respectively administer the government, receive the same compensa- 



Constitution, xxxiii 

tion which the (Jovernor would have received if he had been emplojed in the dutieH of 
nis office : Promded^ That if tlie General Assembly shall be in session during such ab- 
sence, they, or either of them, shall receive no compensation as members of the General 
Assembly while acting as Governor. 

17. No person shall, at one and the same time, hold the office of Governor of this 
State and any other office, civil or military, either under this State, the United States, or 
any other State or government, except as otherwise provided in this Constitution. 

18. The Governor shall be commander-in-chief of the militia and volunteer forces of 
this State, except when they shall be called into the service of the United States, and he 
may call out the same to execute the laws, suppress insurrection, and repel invasion, but he 
need not command in person, unless directed to do so by a resolution of the General 
Assembly ; and when acting in the service of the United States, he shall appoint his 
staff, and the General Assembly shall fix his rank. 

19. Xo person shall be eligible to the office of Secretary of State, State Treasurer, State 
Auditor, or Attorney-General, unless he shall have been a citizen of the United States at 
least seven years, and shall have resided in this State at least five years next preceding 
his election, and shall be at least twenty-five years old when elected. 

20. There shall be a great seal of the State, which shall be used officially by the Gov- 
ernor ; and the seal now in use shall continue to be used until another shall have been 
adopted by the General Assembly. The said seal shall be called the " Great Seal of the 
State of Alabama." 

21. The Secretary of State shall be the custodian of the seal of the State, and shall 
authenticate therewith all official acts of the Governor, his approval of laws and resolu- 
tions excepted. He shall keep a register of the official acts of the Governor, and when 
necessary shall attest them, and lay copies of the same, together with copies of all papers 
relative thereto, before either house of the General Assembly, whenever required to do 
so, and shall perform such other duties as may be prescribed by law. 

22. All grants and commissions shall be issued in the name and by the authority of the 
State of Alabama, sealed with the great seal, and signed by the Governor, and counter- 
signed by the Secretary of State. 

23. Should the office of Secretary of State, State Treasurer, State Auditor, Attorney- 
General, or Superintendent of Education, become vacant, for any of the causes specified 
in section fifteen of this article, the Governor shall fill the vacancy, until the disability is 
removed, or a successor elected and qualified. 

24. The State Treasurer, State Auditor, and Attorney-General shall perform such duties 
as may be prescribed by law. The State Treasurer and State Auditor shall every year, at 
a time the General Assembly may fix, make a full and complete report to the Governor, 
showing all receipts and disbursements of revenue, of every character, all claims audited 
and paid by the State, by items, and all taxes and revenue collected and paid into the 
treasury, and from what sources ; and they shall make reports oftener on any matter per- 
taining to their office, if required by the Governor, or the General Assembly. 

25. The State Auditor, State Treasurer, and Secretary of State sluill not, after the 
expiration of the terms of those now in office, receive to their use any fees, costs, per- 
quisites of office, or compensation, other tlian their salaries as prescribed by law ; and all 
fees that may be payable by law, for any services performed by either of such oflicers, 
shall be paid in advance into the State Treasury. 

2G. A Sheriff shall be elected in each county, by the qualified electors thereof, who 
shall hold his office for the term of four years, unless sooner removed, and shall be in- 
eligible to such office as his own successor ; Provided, That sheriffs elected on the first 
Monday in Atigust, eighteen hundred and seventy-seven, or at such other time as may be 
prescribed by law for the election in that year, shall hold their offices for the term of 



xxxiv APPENDIX. 

three years, and until their successors shall be elected and qualified. In the year eighteen 
hundred and eighty, at the general election for members to the General Assembly, sheriffs 
shall be elected for four years, as herein provided. Vacancies in the office of sheriff shall 
be filled by the Governor, as in other cases ; and the person appointed shall continue in 
the office until the next general election in the county for sheriff, as provided by law. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

1. The judicial power of the State shall be vested in the Senate, sitting as a Court of 
Impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such 
Inferior Courts of law and equity, to consist of not more than five members, as the Gen- 
eral Assembly may from time to time establish, and such persons as may be by law in- 
vested with powers of a judicial nature. 

2. Except in cases otherwise directed in the Constitution, the Supreme Court shall 
have appellate jurisdiction only, which shall be co-extensive with the State, under such re- 
strictions and regulations, not repugnant to this Constitution, as may from time to time be 
prescribed by law. Provided^ That said Court shall have power to issue writs of injunc- 
tion, habeas corpus, quo warranto, and such other remedial and original writs as may be 
necessary to give it a general superintendence and control of inferior jurisdiction. 

3. The Supreme Court shall be held at the seat of government, but if that shall have 
become dangerous from any cause it may adjourn to a different place. 

4. The State shall be divided ])y the General Assembly into convenient circuits, not to 
exceed eight in number unless increased by a vote of two-thirds of the members of each 
house of the General Assembly, and no circuit shall contain less than three nor more 
than twelve counties ; and for each circuit there shall be chosen a judge, who shall, for 
one year next preceding his election and during his continuance in office, reside in the 
circuit for which he is elected. 

5. The Circuit Court shall have original jurisdiction in all matters, civil and criminal, 
within the State, not otherwise excepted in this Constitution ; but in civil cases only 
when the matter or sum in controversy exceeds fifty dollars. 

6. A Circuit Court shall be held in each county in the State at least twice in every year, 
and the judges of the several circuits may hold courts for each other, when they deem 
it expedient, and shall do so when directed by law ; Provided, That the judges of the 
several Circuit Courts shall have power to issue writs of injunction returnable into Courts 
of Chancery. 

7. The General Assembly shall have power to establish a Court or Courts of Chancery, 
with original and appellate judisdiction. The State shall be divided by the General 
Assembly into convenient chancery divisions, not exceeding three in number, unless an 
increase shall be made by a vote of two-thirds of each house of the General Assembly taken 
by yeas and nays and entered upon the journals ; and the division shall be divided into 
districts, and for each division there shall be a Chancellor, who shall, at the time of his 
election or appointment, and during his continuance in office, reside in the division for 
which he shall have been elected or appointed. 

8. A Chancery Court shall be held in each district, at a place to be fixed by law, at 
least once in each year, and the chancellors may hold courts for each other, when they 
deem it necessary. 

9. The General Assembly shall have power to establish in each county within the 
State a Court of l^robate, with general jurisdiction for the granting of letters testamentary 
and of administration, and for orphans' business. 



Constitution. xxxv 

10. The judges of the Supreme Court, Circuit Courts, and Chancellors shall, at stated 
times, receive for their services a compensation, which shall not be diminished during 
their of^cial terms, but they shall receive no fees or perquisites, nor hold any office (ex- 
cept judicial offices) of profit or trust under this State or the United States, or any other 
power, during the term for which they have been elected. 

11. The Supreme Court shall consist of one Chief Justice and such number of Associ- 
ate Justices as may be prescribed by law. 

12. The Chief Justice and Associate Justices of the Supreme Court, judges of the 
Circuit Courts, Probate Courts, and Chancellors, shall be elected by the qualified electors 
of the StJite, circuits, counties, and chancery divisions for which such courts may be 
established, at such times as may be prescribed by law. 

13. The judges of such inferior courts of law and equity as may be by law established, 
shall be elected or appointed in such mode as the General Assembly may prescribe. 

14. The judges of the Supreme Court, Circuit Courts, Chancellors, and the judges of 
the City Courts, shall have been citizens of the United States and of this State for five 
years next preceding their election or appointment, and shall not be less than twenty-five 
years of age, and learned in the law. 

15. The Chief Justice and Associate Justices of the Supreme Court, circuit judges, 
Chancellors, and probate judges shall hold office for the term of six years and until their 
successors are elected or appointed and qualified ; and the right of such judges and chan- 
cellors to hold their office for the full term hereby prescribed, shall not be affected by 
any change hereafter made by law in any circuit, division, or county in the mode or time 
of election. 

16. The judges of the Supreme Court shall, by virtue of their offices, he conservators 
of the peace throughout the State ; the judges of the Circuit Courts within their respec- 
tive circuits, and the judges of the inferior courts within their respective jurisdictions, 
shall in like manner be conservators of the peace. 

17. Vacancies in the office of any of the judges or chancellors of this State shall be 
filled by appointment by the Governor, and such appointee shall hold his office for the 
unexpired term and until his successor is elected or appointed and qualified. 

18. If in any case, civil or criminal, pending in any circuit, chancery, or city court in 
this State, the presiding judge or chancellor shall, for any legal cause, be incompetent to 
try, hear, or render judgment in such case, the parties or their attorneys of record, if it 
be a civil case, or the solicitor or other prosecuting officer, and the defendant or defend- 
ants, if it be a criminal case, may agree upon some disinterested person, practicing in the 
court and learned in the law, to act as special judge or chancellor, to sit as a court and to 
hear, decide, and render judgment in the same manner and to the same effect as a judge 
of the Circuit, or City Court, or Chancellor, sitting as a court might do in such case. If 
the case be a civil one and the parties, or their attorneys of record do not agree, or if the 
case be a criminal one and the prosecuting officer and the defendant or defendants do not 
agree upon a special judge or chancellor, or if either party in a civil cause is not repre- 
sented in court, the clerk of the Circuit or City Court, or register in Chancery of the 
court in which said cause is pending, shall appoint the special judge or chancellor, who 
shall preside, try, and render judgment as in this section provided. 

19. The General Assembly shall have power to provide for the holding of circuit and 
chancery courts in this State, when the judges or chancellors thereof fail to attend regu- 
lar terms. 

20. No judge of any court of record in this State, shall practice law in any of the 
courts of this State or of the United States. 

21. Registers in chancery shall be appointed by the chancellors of the divisions, and 
shall hold office during the term of the chancellor making such appointment ; and such 



xxxvi Appendix. 

registers shall receive as compensation for their services only such fees and commissions 
as may be specifically prescribed by law. 

22. A clerk of the Supreme Court shall be appointed by the judges thereof, and shall 
hold office during the term of the judges making the appointment, and clerks of such 
inferior courts as may be established by law, shall be appointed by the judges thereof, 
and shall hold office during the term of the judge making such appointment. 

23. Clerks of the Circuit Court shall be elected by the qualified electors in each county, 
for the term of six years. Vacancies in such office shall be filled by the Governor for 
the unexpired term. 

24. The clerk of the Supreme Court and registers in Chancery may be removed from 
office by the judges of the Supreme Court and chancellors respectively, for cause, to be 
entered at length upon the records of the court. 

25. A solicitor for each judicial circuit shall be elected by joint ballot of the General 
Assembly, who shall be learned in the law, and who shall, at the time of his election, and 
during his continuance in office, reside in the circuit for which he is chosen, and whose 
term of office shall be for six years ; Provided, That the General Assembly, at the first 
session thereof after the ratification of this Constitution shall, by joint ballot, elect a 
solicitor for each judicial circuit of the State, whose term of office shall begin on Tues- 
day after the first Monday in November, eighteen hundred and seventy-six, and continue 
for four years ; And p?'Ovided, That the General Assembly may, when necessary, pro- 
vide for the election or appointment of county solicitors. 

26. There shall be elected by the qualified electors of each precinct of the counties, 
not exceeding two Justices of the Peace and one Constable. Such justices shall have 
jurisdiction in all civil cases wherein the amount in controversy does not exceed one 
hundred dollars, except in cases of libel, slander, assault and battery, and ejectment. 
In all cases tried before such justices, the right of appeal, without prepayment of costs, 
shall be secured by law ; Provided, That the Governor may appoint one Notary Public 
for each election precinct in counties, and one for each ward in cities of over five thou- 
sand inhabitants, who, in addition to the powers of notary, shall have and exercise the 
same jurisdiction as justices of the peace within the precincts and wards for which they 
are respectively appointed ; And provided. That notaries public without such jurisdic- 
tion may be appointed. The term of office of such justices and notaries public shall be 
prescribed by law. 

27. An Attorney-General shall be elected by the qualified electors of the State at the 
same time and places of election of members of the General Assembly, whose term of 
office shall be for two years, and until his successor is elected and qualified. After his 
election he shall reside at -the seat of government, and shall be the law officer of the 
State, and shall perform such duties as may be required of him by law. 

28. The style of all process shall be "The State of Alabama," and all prosecutions 
shall bo carried on in the name and by the authority of the same, and shall conclude 
" Against the peace and dignity of the State." 

ARTICLE YII. 

IMPEACHMENTS. 

1. The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superin- 
tendent of Education, and judges of the Supreme Court, may be removed from office for 
willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any 
offense involving moral tinpitude while in office, or committed under color thereof or 
connected therewith, by the Senate, sitting as a court for that purpose, under oath or 
affirmation, on articles or charges preferred by the House of Representatives. 



Constitution. xxxvii 

2. The chancellors, judges of the Circuit Courts, judges of the Probate Courts, 
solicitors of the Circuits, and judges of the Inferior Courts, from which an appeal may 
be taken directly to the Supreme Court, may be removed from ottice for any of the causes 
specified in the preceding section, by the Supreme Court, under such regulations as may 
be prescribed by law. 

3. The sheriffs, clerks of the Circuit, City or Criminal Courts, tax collectors, tiix 
assessors, county treasurers, coroners, justices of the i)eace, notaries piil)lic, con- 
stables, and ail other county otHcers, mayors and intendants of incorporated cities and 
towns in tliis State, may be removed from office for any of the causes specified in section 
one of tliis article, by the Circuit, City, or Criminal Court of the county in which such 
officers hold their office, under such regulations as may be prescribed by law ; Provided^ 
That the right of trial by jury and appeal in such cases be secured. 

4. The penalties in cases arising under the three preceding sections shall not extend 
beyond removal from office, and disqualification from holding office under the authority 
of this State, for the term for which he was elected or appointed ; but the accused shall 
be liable to indictment, trial and punishment as prescribed by law. 

ARTICLE yill. 

SUFFRAGE AND ELECTIONS. 

1. Every male citizen of the United States, and every male person of foreign birth who 
may have legally declared his intention to become a citizen of the United States before he 
offers to vote, who is twenty-one years old, or upwards, possessing the following qualifi- 
cations, shall be an elector and shall be entitled to vote at any election by the people, 
except as hereinafter provided : First. He shall have resided in tiie State at least one 
year immediately i)receding the election at which he offers to vote. Second. He shall 
have resided in tlie county for three months, and in the precinct or ward for thirty days 
immediately preceding the election at which he offers to vote ; Provided, That the Gen- 
eral Assembly may i)rescribe a longer or shorter residence in any precinct in any county, 
or in any ward in any incorporated city or town having a population of more than five 
tiiousand inhabitants, but in no case to exceed three months ; ^-17?^, provided. That no 
soldier, sailor, or marine, in the military or naval service of the United States, shall 
acquire a residence by being stationed in this State. 

2. All elections by the people shall be by ballot, and all elections by persons in a repre- 
sentative capacity shall be viva voce. 

3. The following classes shall not be permitted to register, vote, or hold office : First. 
Those who shall have been convicted of treason, embezzlement of public funds, mal- 
feasance in office, larceny, bribery, or other crime punishable by imprisonment in the 
penitentiary. Second. Those who are idiots or insane. 

4. Electors shall in all cases, except treason, felony, or breach of the peace, be i)rivi- 
leged from arrest during their attendance at elections, or while going to or returning 
therefrom. 

.5. Tlic General Assembly shall pass laws, not inconsistent with this Constitution, to 
regulate and govern elections in tliis State, and all sueii laws shall he uniform tliroiiizhout 
tlie State. The General Assembly may, when necessary, provide by law for tiie registra- 
tion of electors throughout the State, or in any incorporated city or town thereof, and 
when it is so provided no person siiall vote at any election unless he shall have registered, 
as required by law. 

6. It shall be; the duty of the General Assembly to pass adetpiate laws giving i)rotection 
against the evils arising from the use of intoxicating liquors at all elections. 



xxxviii Appendix. 

7. Returns of elections for all civil officers who are to be commissioned by the Gov- 
ernor, except Secretary of State, State Auditor, State Treasurer, and Attorney-General, 
and for the members of the General Assembly, shall be made to the Secretary of State. 

ARTICLE IX. 

REPRESENTATION. 

1. The whole number of senators shall be not less than one-fourth, or more than one- 
third, of the whole number of representatives. 

2. The House of Representatives shall consist of not more than one hundred members, 
who shall be apportioned by the General Assembly among the several counties of the 
State, according to the number of inhabitants in them respectively, as ascertained by the 
decennial census of the United States for the year eighteen hundred and eighty ; which 
apportionment, when made, shall not be subject to alteration until the first session of the 
General Assembly after the next decennial census of the United States shall have been 
taken. 

3. It shall be the duty of the General Assembly, at its first session after the taking of 
the decennial census of the United States in the j-ear eighteen hundred and eighty, and 
after each subsequent decennial census, to fix by law the number of representatives and 
apportion them among the several counties of the State ; Provided^ That each county shall 
be entitled to at least one Representative. 

4. It shall be the duty of the General Assembly at its first session after the taking of 
the decennial census of the United States in the year eighteen hundred and eighty, and after 
each subsequent decennial census, to fix by law the number of senators and to divide the 
State into as many Senatorial Districts as there are senators, which districts shall be as 
nearly equal to each other in the number of inhabitants as may be, and each shall be en- 
titled to one senator and no more ; and which districts when formed, shall not be changed 
until the next apportioning session of the General Assembly after the next decennial 
census of the United States shall have been taken. No county shall be divided between 
two districts and no district shall be made of two or more counties not contiguous to 
each other. 

5. Should the decennial census of the United States, from any cause, not be taken, or 
if when taken, the same as to this State is not full and satisfactory, the General Assembly 
shall have power, at its first session after the time shall have elapsed for the taking of 
said census, to provide for an enumeration of all the inhabitants of this State, and once 
in each ten years thereafter, upon which it shall be the duty of the General Assembly 
to make the appointment of representatives and senators as provided for in this 
article. 

6. Until the General Assembly shall make an apportionment of representatives among 
the several counties, after the first decennial census of the United States, as herein pro- 
vided, the counties of Autauga, Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, 
Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, 
Dale, DeKaib, Elmore, Etowah, Escambia, Fayette, Franklin, Geneva, Henry, Lauderdale, 
Marion, Morgan, Monroe, Marshall, Randolph, Sanford, Shelby, St. Clair, Walker, 
Washington, and Winston shall each have one Representative ; the counties of Barbour, 
Bullock, Butler, Chambers, Greene, Hale, Jackson, Jefferson, Limestone, Lawrence, 
Lowndes, Lee, Macon, Marengo, Perry, Pickens, Pike, Russell, Sumter, Talladega, Talla- 
poosa, Tuscaloosa, and Wilcox shall have each two Representatives ; the county of 
Madison shall have three Representatives ; the counties of Dallas and Montgomery shall 
have each four Representatives; and the county of Mobile shall have five Representatives. 



Constitution. xxxix 

7. Until the General Assembly shall divide the State into senatorial districts as herein 
provided, the senatorial districts shall be as follows : 

First district, Lauderdale and Limestone ; second district, Colbert and Lawrence ; third 
district, ^[or<:an, Winston, and Blonnt ; fourth district, Madison ; fifth district, Marshall, 
Jackson, anil DeKalb ; sixth district, Cherokee, Etowah, and St. Clair ; seventh district, 
Calhoun and Cleburne ; eijjhth district, Talladega and Clay ; ninth district, Randolph and 
Chambers ; tenth district, Macon and Tallapoosa ; eleventh district, Bibb and Tuscaloosa ; 
twelfth district, Franklin, Marion, Fayette, and Sanford ; thirteenth district, Walker, 
Jefferson, and Shelby ; fourteenth district, Greene and Pickens ; fifteenth district, Coosa, 
Elmore, and Chilton ; sixteenth district, Lowndes and Autauga ; seventeenth district, 
Butler and Conecuh ; eighteenth district. Perry ; nineteenth district, Choctaw, Clarke, 
and Washington ; twentieth district, Marengo ; twenty-first district, Monroe, Escambia, 
and Baldwin ; twenty-second district, Wilcox ; twenty-third district, Henry, Coffee, Dale, 
and Geneva : twenty-fourth district, Barbour ; twenty-fifth district. Pike, Crenshaw, and 
Covington ; twenty-sixth district, Bullock ; twenty-seventh district, Lee ; twenty-eighth 
district. Montgomery ; twenty-ninth district, Russell ; thirtieth district, Dallas ; thirty- 
first district, Sumter ; thirty-second district, Hale ; thirty-third district, Mobile. 

ARTICLE X. 

TAXATION. 

1. All taxes levied on property in this State, shall be assessed in exact proportion to the 
value of such property ; Provided, however. The General Assembly may levy a poll tax 
not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in 
aid of the public school fund, in the county so paying the same. 

2. No power to levy taxes shall be delegated to individuals or private corporations. 

3. After the ratification of this Constitution, no new debt shall be created against, or 
incurred by, this State or its authority, expect to repel invasion, or suppress insurrection, 
and then only by a concurrence of two-thirds of the members of each house of the General 
Assembly, and the vote shall be taken by yeas and nays, and entered on the journals ; 
and any act creating or incurring any new debt against this State, except as herein pro- 
vided for, shall be absolutely void ; Provided, The Governor may be authorized to 
negotiate temporary loans, never to exceed one hundred thousand dollars, to meet defi- 
ciencies in the treasury ; and until the same is paid, no new loan shall be negotiated ; 
Pi'wided, further. That this section shall not be so construed as to prevent the issuance 
of bonds in adjustment of existing State indebtedness. 

4. The General Assembly shall not have the power to levy, in any one year, a greater 
rate of taxation than three-fourths of one per centum on the value of the taxable property 
within this State. 

5. No county in this State shall be authorized to levy a larger rate of taxation, in any 
one year, on the value of the taxable property therein than one-half of one per centum ; 
Provided, That to pay debts existing at the ratification of this Constitution, an addi- 
tional rate of one-fourth of one per centum may be levied and collected, which shall be 
exclusively appropriated to the payment of such debts, or the interest thereon ; Provided, 
further. That to pay any debt or liability now existing against any county, incurred for 
the erection of the necessary public buildings, or other ordiiniry county jiurposes, or that 
may hereafter be created for the erection of the necessary public buildings or bridges, any 
county may levy and collect such special taxes as may have been or may hereafter be 
authorized by law, which taxes so levied and collected shall be applied exclusively to the 
purposes for which the same shall have been levied and collected. 



xl Appendix. 

6. The property of private corporations, associations, and individuals of tliis State, 
shall forever be taxed at the same rate ; Provided^ This section shall not apply to institu- 
tions or enterprises devoted exclusively to religious, educational, or charitable purposes. 

7. No city, town, or other municipal corporation, other than provided for in this 
article, shall levy or collect a larger rate of taxation, in any one year, on the property 
thereof, than one-half of one per centum of the value of such property, as assessed for State 
taxation during the preceding year ; Provided, That for the payment of debts existing 
at the time of the ratification of this Constitution, and the interest thereon, an adflitional 
rate of one per centum may be collected, to be applied exclusively to such indebtedness ; 
And Provided, This section shall not apply to the city of Mobile, which city may, until 
the first day of January, one thousand eight hundred and seventy-nine, levy a tax not to 
exceed the rate of one per centum, and from and after that time a tax not to exceed the 
rate of three-fourths of one per centum to pay the expenses of the city government, and 
may also, until the first day of January, one thousand eight hundred and seventy-niue, 
levy a tax not to exceed the rate of one per centum, and from and after that time, a tax 
not to exceed the rate of three-fourths of one per centum, to pay the existing indebted- 
ness of said city and the interest thereon. 

8. At the first session of the General Assembly after the ratification of this Constitu- 
tion, the salaries of the following oflicers shall be reduced at least twenty-five per centum, 
viz. : Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, 
Superintendent of Education, judges of the Supreme and Circuit Courts, and Chan- 
cellors ; and after said reduction the General Assembly shall not have the power to 
increase the same except by a vote of a majority of all the members elected to each 
house, taken by yeas and nays, and entered on the journals ; Provided, This section shall 
not apply to any of said officers now in office. 

9. The General Assembly shall not have the power to require the counties or other 
municipal corporations to pay any charges which are now payable out of the State 
Treasury. 



ARTICLE XI. 



1. All able-bodied male inhabitants of this State, between the ages of eighteen years 
and forty-five years, who are citizens of the United States, or have declared their inten- 
tions to become such citizens, shall be liable to military duty in the militia of the State. 

2. The General Assembly, in providing for the organization, equipment, and discipline 
of the militia, shall conform as nearly as practicable to the regulations for the govern- 
ment of the armies of the United States. 

3. Each company and regiment shall elect its own company and regimental officers ; 
but if any company or regiment shall neglect to elect such officers within the time pre- 
scribed by law, they may be appointed by the Governor. 

4. Volunteer organizations of infantry, cavalry, and artillery, may be formed in such 
manner, and under such restrictions, and with such privileges, as may be provided by 
law. 

5. The militia and volunteer forces shall, in all cases, except treason, felony, and 
breach of the i)eace, be privileged from arrest during their attendance at musters, parades, 
and elections, and in going to and returning from the same. 

6. The Governor, shall, except as otherewise provided herein, be commander-in-chief 
of the militia and volunteer forces of the State, except when in the service of the United 
States, and shall, with the advice and consent of the Senate, appoint all general officers. 



Constitution. xii 

whose term of office shall be for foar years. The Governor, the generals, an^l regimental 
and battalion commanders, shall appoint their own 8ta£F.<!, as may be provided by law. 

7. The General Assembly shall provide for the safe keeping of the arms, ammnnition, 
and accontrementa, military records, banners, anrl relics of the State. 

8. The officers and men of the militia and volunteer forces shall not be entitled to, 
or receive, any pay, rations, or emolument*, when not in active service. 

ARTICLE XII. 

EDUCATIOy. 

1. The General Assembly shall establish, organize, and maintain a system of public 
schools throughout the State for the equal benefit of the children thereof, between the 
ages of seven and twenty-one years ; bat separate schools shall be provided for the chil- 
dren of citizens of African descent 

2. The principal of all funds arising from the sale or other disposition of lands or other 
property, which has been or may hereafter be granted or entrusted to this State, or given 
by the Uniterl States for educational purposes, shall be preserved inviolate and undi- 
minished ; and the income arising therefrom shall be faithfully applied to the specific 
objects of the original grants or appropriations. 

3. All lands or other property given by individuals, or appropriated by the State for 
educational purposes, and all estates of deceased persons, who die without leading a will 
or heir, shall be faithfully applierl to the maintenance of the public schools. 

4. The General Assembly shall also provide for the levying and collection of an annual 
poll tax, not to exceed one dollar and fifty cents on each poll, which shall be applied to 
the support of the public schools in the counties in which it is levied and collecterl. 

.5. The income arising from the sixteenth section trust fund, the surplus revenue fund, 
until it is called for by the United States government, and the funds enumerated in sec- 
tions three and four of this article, with such other moneys, to be not less than one hun- 
drefl thousand dollars per annum, as the (General Assembly shall provide by taxation or 
otherwise, shall be applierl to the support and maintenance of the public schools, and it 
shall be the duty of the GJeneral Assembly to increase, from time to time, the public 
Bchool fund, as the condition of the Treasury and the resources of the State will admit. 

6. Not more than four p)er cent, of all moneys raised, or which may hereafter be ap- 
propriated for the support of public schools, shall be used or expended otherwise than 
for the payment of teachers, employed in such schools ; Prmided, That the General 
Assembly may, by a vote of two-thirds of each house, suspend the operation of this 
section. 

7. The supervision of the public schools shall be vested in a Superintendent of Educa- 
tion, whose powers, duties, term of office, and compensation shall be fixed by law. The 
Superintendent of Education shall be elected by the qualified voters of the State in such 
manner and at such time as shall be providerl by law. 

8. No money raised for the support of the public schools of the State, shall be appro- 
priated to or used for the support of any sectarian or denominational school. 

!). The Sute University and the Agricultural and Mechanical College shall each be under 
the management and control of a Board of Tnistees. The Board for the University shall 
consist of two members from the congressional district in which the University is located, 
and one from each of the other congressional districts in the State. The Board for the 
Asrricultural and Mechanical College shall consist of two members from the consrressional 
district in which the College is locatefl. and one from each of the other consressional 
districts in the State. Said Trustees shall be appointed by the Governor, by and with 



xlii APPENDIX. 

the advice and consent of the Senate, and shall hold oflBce for a term of six years, and 
until their successors shall be appointed and qualified. After the first appointment each 
Board shall be divided into three classes, as nearly equal as may be. The seats of the 
first class shall be vacated at the expiration of two years, and those of the second class 
in four years, and those of the third class at the end of six years from the date of appoint- 
ment, so that one-third may be chosen biennially. No Trustee shall receive any pay or 
emolument other than his actual expenses incurred in the discharge of his duties as such. 
The Governor shall be ex-offlcio President and the Superintendent of Education ex-offlcio 
a member of each of said Boards of Trustees. 

10. The General Assembly shall have no power to change the location of the State 
University or the Agricultural and Mechanical College as now established by law, except 
upon a vote of two-thirds of the members of the General Assembly, taken by yeas and 
nays and entered upon the journals. 

11. The provisions of this article and of any act of the General Assembly passed in 
pursuance thereof to establish, organize, and maintain a system of public schools through- 
out the State, shall apply to Mobile County only so far as to authorize and require the 
authorities designated by law to draw the portion of the funds to which said county will 
be entitled for school purposes, and to make reports to the Superintendent of Education 
as may be prescribed by law. And all special incomes and powers of taxation, as now 
authorized by law for the benefit of public schools in said county, shall remain undis- 
turbed until otherwise provided by the General Assembly ; Provided, That separate 
schools for each race shall always be maintained by said school authorities. 



ARTICLE XIII. 

CORPORATIONS — PRIVATE CORPORATIONS. 

1. Corporations may be formed under general laws, but shall not be created by special 
act, except for municipal, manufacturing, mining, immigration, industrial, and educa- 
tional purposes, or for constructing canals, or improving navigable rivers and harbors of 
this State, and in cases where, in the judgment of the General Assembly, the objects of 
the corporation cannot be attained under the general laws. All general laws and special 
acts passed pursuant to this section may be altered, amended, or repealed. 

2. All existing charters or grants of special or exclusive privileges under which 
a bona Me organization shall not have taken place and business been commenced in 
good faith, at the time of the ratification of this Constitution, shall thereafter have no 
validity. 

3. The General Assembly shall not remit the forfeiture of the charter of any corpo- 
ration now existing, or alter or amend the same, or pass any general or special law for 
the benefit of such corporation, other than in execution of a trust created by law or by 
contract, except upon the condition that such corporation shall thereafter hold its charter 
subject to the provisions of this Constitution. 

4. No foreign corporation shall do any business in this State without having at least 
one known place of business and an authorized agent or agents therein, and such cor- 
poration may be sued in any county where it does business by service of process upon an 
agent anywhere in this State. 

5. No corporation shall engage in any business other than that expressly authorized 
in its charter. 

6. No corporation shall issue stocks or bonds except for money, labor done, or money 
or property actually received ; and all fictitious increase of stock or indebtedness shall 
be void. The stock and bonded indebtedness of corporations shall not be increased, 



Constitution. xiiii 

except in pursuance of general laws, nor without the consent of the persons holding the 
larger amount in value of stock, first obtained at a meeting to be held after thirty days' 
notice given in pursuance of law. 

7. Municipal and other corporations and individuals invested with the privilege of 
taking private property for public use, shall make just compensation for the property 
taken, injured, or destroyed by the construction or enlargement of its works, highways, 
or improvements, which compensation shall be paid before such taking, injury, or 
destruction. The General Assembly is hereby prohibited from depriving any person of 
an appeal from any preliminary assessment of damages against any such corporations 
or individuals made by viewers or otherwise ; and the amount of such damages in all 
cases of appeal shall, on the demand of either party, be determined by a jury according 
to law. 

8. Dues from private corporations shall be secured by such means as may be pre- 
scribed by law, but in no case shall any stockholder be individually liable otherwise than 
for the unpaid stock owned by him or her. 

9. No corporation shall issue preferred stock without the consent of the owners of 
two-thirds of the stock of said corporation. 

10. The General Assembly shall have the power to alter, revoke, or amend any charter 
of incorporation now existing, and revocable at the ratification of this Constitution, or 
any that may hereafter be created, whenever, in their opinion, it may be injurious to the 
citizens of the State, in such manner, however, that no injustice shall be done to the 
incorporators. No law hereafter enacted shall create, renew, or extend the charter of 
more than one corporation. 

11. Any association or corporation organized for the purpose, or any individual shall 
have the right to construct and maintain lines of telegraph within this State, and connect 
the same with other lines, and the General Assembly shall, by general law of uniform 
operation, provide reasonable regulations to give full effect to this section. No telegraph 
company shall consolidate with, or hold a controlling interest in, the stock or bonds of 
any other telegraph company owning a competing line, or acquire, by purchase or other- 
wise, any other competing line of telegraph. 

12. All corporations shall have the right to sue, and shall be subject to be sued, in all 
courts in like cases as natural persons. 

13. The term corporation, as used in this article, shall be construed to include all joint 
stock companies, or any associations having any of the powers or privileges of corpora- 
tions not possessed by individuals or partnerships. 

BANKS AND BANKING. 

14. The General Assembly shall not have the power to establish or incorporate any 
bank or banking company, or moneyed institution, for the purpose of issuing bills of 
credit, or bills payable to order or bearer, except under the conditions prescribed in this 
Constitution. 

15. No banks shall be established otherwise than under a general banking law, nor 
otherwise than upon a specie basis. 

16. All bills or notes issued as money, shall be at all times redeemable in gold or 
silver, and no law shall be passed sanctioning, directly or indirectly, the suspension by 
any bank or banking company of specie payment. 

17. Holders of ])ank notes and depositors who have not stipulated for interest, shall, 
for such notes and deposits, be entitled in case of insolvency, to the preference of pay- 
ment over all other creditors. 

18. Every bank or banking company shall be required to cease all banking operations 
within twenty years from the time of its organization (unless the General Assembly 



xliv APPENDIX. 

shall extend the time), and promptly thereafter close its business ; but shall have cor- 
porate capacity to sue and shall be liable to suit until its affairs and liabilities are fully 
closed. 

19. No bank shall receive directly or indirectly, a greater rate of interest than shall be 
allowed by law to individuals for lending money. 

20. The State shall not be a stockholder in any bank, nor shall the credit of the State 
ever be given, or loaned, to any banking company, association, or corporation. 

RAILROADS AND CANALS. 

21. All railroads and canals shall be public highways, and all rai!road and canal com- 
panies shall be common carriers. Any association or corporation organized for the pur- 
pose shall have the right to construct and operate a railroad between any points in this 
State, and to connect at the State line, with railroads of other States. Every railroad com- 
pany shall have the right with its road to intersect, connect with, or cross any other rail- 
road, and shall receive and transport, each, the other's freight, passengers, and cars, loaded 
or empty, without delay or discrimination. 

22. The General Assembly shall pass laws to correct abuses and prevent unjust dis- 
crimination and extortion in the rates of freights and passenger tariffs on railroads, 
canals, and rivers in this State. 

23. No railroad or other transportation company shall grant free passes, or sell tickets 
or passes at a discount other than as sold to the public generally, to any member of the 
General Assembly, or to any person holding otHce under this State or the United States. 

24. No street passenger railway shall be constructed within the limits of any city or 
town, without the consent of its local authorities. 

25. No railroad, canal, or other transportation company in existence at the time of the 
ratification of this Constitution, shall have the benefit of any future legislation, by general 
or special laws, other than in execution of a trust created by law or by contract, except 
on the condition of complete acceptance of all provisions of this article. 

ARTICLE XIV. 

EXEMPTED PROPERTY. 

1. The personal property of any resident of this State to the value of one thousand 
dollars, to be selected by such resident, shall be exempted from sale on execution, or 
other process of any court, issued for the collection of any debt contracted, since the 
thirteenth day of July, eighteen hundred and sixty-eight, or after the ratification of this 
Constitution. 

2. Every homestead, not exceeding eighty acres, and the dwelling and appurtenances 
thereon, to be selected by the owner thereof, and not in any city, town, or village, or 
in lieu thereof, at the option of the owner, any lot in the city, town or village, with 
the dwelling and appurtenances thereon, owned and occupied by any resident of this 
State, and not exceeding the value of two thousand dollars, shall be exempted from sale, 
on execution or any other process from a court, for any debt contracted since the thir- 
teenth day of July, eighteen hundred and sixty-eight, or after the ratification of this Con- 
stitution. Such exemption, however, shall not extend to any mortgage, lawfully ob- 
tained ; but such mortgage or other alienation of such homestead, by the owner thereof, 
if a married man, shall not be valid without the voluntary signature and assent of the 
wife to the same. 

3. The homestead of a family after the death of the owner thereof, shall be exempt 
from the payment of any debts contracted since the thirteenth day of July, one thousand 



Constitution. xlv 

eight hundred and sixty-eipht. or after the ratification of this Constitution, in all cases, 
during the minority of the children. 

4. The provis*ionR of sections one and two of this article shall not be so construed as to 
prevent a laborer's lien for work done and performed for the person claiming such ex- 
emption, or a mechanic's lien for work done on the premises. 

5. If the owner of a homestead die, leaving a widow, but no children, such homestead 
shall be exempt, and the rents and profits thereof shall inure to her benefit. 

6. The real or personal property of any female in this State, acquired before mar- 
riage, and all property, real and personal, to which she may afterwards be entitled by 
gift, grant, inheritance, or devise, shall be and remain the separate estate and property 
of such female, and shall not be liable for any debts, obligations, and engagements of 
her husband, and may be devised or bequeathed by her, the same as if she was &fenime sole. 

7. The right of exemptions hereinbefore secured, may be waived by an instrument in 
writing, and when such waiver relates to realty, the instrument must be signed by both 
the husband and the wife, and attested by one witness. 

ARTICLE XV. 

OATH OF OFFICE. 

1. All members of the General Assembly, and all officers, executive and judicial, be- 
fore they enter upon the execution of the duties of their respective offices, shall take the 
following oath or affirmation, to wit : 

"I. ■ , solemnly swear [or affirm, as the case may be] that I will sup- 
port the Constitution of the United States and the Constitution of the State of Alabama, 
so long as I continue a citizen thereof, and that I will faithfully and honestly discharge 
the duties of the office upon which I am about to enter to the best of my ability, so help 
me God."' Which oath may be administered by the presiding officer of either house of 
the General Assembly, or any officer authorized by law to administer an oath. 

ARTICLE XVI. 

MISCELLANEOUS PROVISIONS. 

1. No person holding an office of profit under the United States, except postmasters 
whose annual salary does not exceed two hundred dollars, shall, during his continuance 
in such office, hold any office of profit under this State ; nor shall any person hold two 
offices of profit at one and the same time under this State, except justices of the peace, 
constables, notaries public, and commissioners of deeds. 

2. It is made the duty of the General Assembly to enact all laws necessary to give 
effect to the provisions of this Constitution. 

ARTICLE XVII. 

MODE OF AMENDING THE CONSTITUTION. 

1. The General Assembly may, whenever two-thirds of each house shall deem it neces- 
sary, propose amendments to this Constitution, which having been read on thrw several 
days, in each house, shall be duly i)ubli8hed in such manner as the (Jencral Assembly 
may direct, at least three months beforo the next general election for representatives, for 
the consideration of the people ; and it shall be the duty of the several returning officers, 
at the next general election which shall be held for representatives, to open a poll for tiie 



xlvi Appendix. 

vote of the qualified electors on the proposed amendments, and to make a return of said 
vote to the Secretary of State ; and if it shall thereupon appear that a majority of all the 
qualified electors of the State, who voted at said election, voted in favor of the proposed 
amendments, said amendments shall be valid, to all intents and purposes, as part of this 
Constitution, and the result of such election shall be made known by proclamation of the 
Governor. 

2. No convention shall hereafter be held for the purpose of altering or amending the 
Constitution of this State, unless the question of Convention, or no Convention, shall first 
be submitted to a vote of all the electors of the State, and approved by a majority of those 
voting at said election. 

SCHEDULE. 

In order that no injury or inconvenience may arise from the alterations and amendments 
made by this Constitution to the existing Constitution of this State, and to carry this 
Constitution into effect, it is hereby ordained and declared, 1. That all laws in force at 
the ratification of this Constitution and not inconsistent therewith, shall remain in full 
force, until altered or repealed by the General Assembly ; and all rights, actions, pros- 
ecutions, claims, and contracts of this State, counties, individuals, or bodies corporate, 
not inconsistent with this Constitution, shall continue to be valid as if this Constitution 
had not been ratified. 

2. That all bonds executed by or to any officer of this State, all recognizances, obliga- 
tions, and all other instruments executed to this State, or any subdivision or municipality 
thereof, before the ratification of this Constitution, and all fines, taxes, penalties, and 
forfeitures due and owing to this State, or any subdivision, or to any municipality thereof ; 
and all writs, suits, prosecutions, claims, and causes of actions, except as herein otherwise 
provided, shall continue and remain unaffected by the ratification of this Constitution. 
All indictments which may have been found, or which may hereafter be found, for any 
crime or offense committed before the ratification of this Constitution, shall be proceeded 
upon in the same manner as if this Constitution had not been ratified. 

3. That all the executive and judicial officers, and all other officers in this State who 
shall have been elected at the election held in this State, on the third day of November, 
eighteen hundred and seventy-four, or who may have been appointed since that time, and 
all members of the present General Assembly, and all that may hereafter be elected mem- 
bers of the present General Assembly, and all other officers holding office at the time of 
the ratification of this Constitution, except such as hold office under any act of the Gen- 
eral Assembly, shall continue in office, and exercise the duties thereof until their respec- 
tive terms shall expire, as provided by the present Constitution and laws of this State. 

4. This Constitution shall be submitted to the qualified electors of this State for rati- 
fication or rejection, as authorized and required by an act of the General Assembly of 
this State, entitled "An act to provide for the calling of a Convention to revise and amend 
the Constitution of this State," approved nineteenth day of March, Anno Domini, 
eighteen hundred and seventy-five. 

5. If at said election the said Constitution shall be found to have been ratified by a 
majority of all the qualified electors voting at said election, the said new Constitution, so 
ratified, shall go into effect as the new Constitution of the State of Alabama within the 
time stated in the proclamation of the Governor, and shall thereafter be binding and 
obligatory as such upon all the people of this State, according to the provisions of said 
act, approved nineteenth day of March, Anno Domini, eighteen hundred and seventy-five. 

6. That instead of the publication as required by section twelve of said act, the Gov- 
ernor of the State is hereby authorized to take such steps as will give general publicity 
and circulation to this Constitution in as economical manner as practicable. 



Constitution. xlvii 

7. That all laws requiring an enumeration of the inhabitants of this State during the 
year eighteen hundred and seventy-five, are hereby avoided. 

8. That the Board of Education of this State is hereby abolished. 

9. The salaries of the executive and judicial and all other officers of this State who 
may be holding office at the time of the ratification of this Constitution, and the pay of 
the present members of the General Assembly, shall not be affected by the provisions of 
this Constitution. 

LEROY POPE WALKER, President. 



INDEX. 



Abercrombie, Jas., 210, 212. 

Achusee Harbor, 30. 

Agricultural and Mechanical College, 276, 

319. 
Alabama Athenaeum, 173. 
Alabama Conference Female College, 217, 

218. 
Alabama Female Central College, 193. 
Alabama Female Institute, 173. 
Alabama, First Constitution, 132-134. 
Alabama Indians, 17 ; war with, 37. 
Alabama Medical College, 223. 
Alabama Platform, 202, 204. 
Alabama Polytechnic Institute, 276. 
Alabama, condition, 1820, 135-137 ; 1860, 

220-223. 

— a State, 131-133. 

— a Territory, 126, 127. 

Alabama and Chattanooga Railroad, 269 ; 
seized by State, 274 ; 279 ; sold, 283. 

Alabama Railroad Commission, 293. 

Alabama (battleship), 328. 

Alabama (Confederate cruiser), 248. 

Alabamians in Mexican War, 194 ; num- 
bers of, in war 1861-6.5, 237. 

Alfonzo, Don, 49. 

Allen, Brig.-Gen. W. A., 248, 254. 

Anniston, 303. 

Athens sacked, 238. 

Austin, Evan, 109. 

— Jeremiah, 11.5, 118. 
Autauga County, 17. 
Auttose, battle of, 113. 

Bagby, Gov. A. P., 175, 177, 178, 180, 203. 
Bailey, Dixon, 107, 108. 
Baine County, 263. 
Baker, Brig.-Gen. A., 248. 

— County, 272. 
Baldwin, Joseph G., 222. 



Ballard, Major, 325. 

Bank, State, 141, 164, 165, 171, 172, 177, 

178, 184-187, 190-193, 199, 200. 
Bank of State of Alabama, 145. 
Barbecues, 197. 
Barnard, Dr. F. A. P., 222. 
Barshi Creek, engagement at, 113. 
Barton Academy, 214, 215. 
Bartram, William, 70. 
Baton Rouge, district of, 96 ; revolution 

at, 100. 
Battle, Brig.-Gen. C. A., 242. 
Beasly, Major D., 107. 
Belleville, 105. 
Belser, James E., 189. 
Berthel, Captain de, 60. 
Bessemer, 303. 
Bestor, Daniel P., 180. 
Bethea, T. B., 282. 
Betts, Judge Edward C, 296. 
Bibb, Gov. Thomas, 141. 
— Gov. W. W., 127, 128, 135, 138, 141. 
Bienville, 33-35, 39, 42-44, 47, 48, 51, 52, 58- 

61. 
Big Warrior, 104. 
Bilosi, 34, 51 ; tribe, 16. 
Birmingham, 288-290, 303. 
Black code, 51. 
"Black drink," 9, 20, .57. 
Black Man's party, 265, 266, 279. 
Black Warrior (river), 12. 
Black Warrior (chief), 28. 
Blakely, taken in 1865, 253. 
Blue, Major U., 123. 
Boisbriant, M. de, 52. 
Bossu, Capt., account of colony, 63. 
Boundaries fixed, 1763, 65. 
Boundary disi)ute settled, 88 ; line fixed, 

89, 90 ; controversy with Georgia, 150 ; 

line adopted, 179. 



INDEX. 



Bourbon County, 81. 
Bowdon, Franklin W., 197. 
Bowles, William A., 74, 81, 85. 
Bragg, John, 210. 

— Thos., 245. 

— Walter S., 280. 

Brickell, Judge K. C, 280, 299, 316. 

Brooklyn (warship), 251. 

Brown, John, 2.30. 

Browne, Gov. Montfort, 70. 

Bryce, Dr. Peter, 207, 304. 

Buchanan, Admiral F., 251, 252. 

Buford, Jefferson, 229. 

Bulger, Michael J., 259. 

Bullock County, 263. 

Burnt Corn Creek, battle, 105. 

Burr, Aaron, 96 ; arrested near Natchez, 97. 

Butler, Col. P. M., 200. 

Byrd, Judge W.M., 261. 

Cabusto, battle at, 30. 

Cadillac, 41,43-45. 

Caffey, Capt. Fran. G., 325. 

Cahaba, laid off, 129, 138; Bank at, 145. 

Cahaba Old Towns, 116. 

Callabee Creek, battle, 117. 

Caller, Col. James, 105. 

Campbell, Colonel, 250. 

— General, 74. 

— Judge John A., 185, 244. 
Canby, General, 254. 
Cantey, Brig.-Gen. J., 248. 
Capitol burned, 204; rebuilt, 206. 
"Capitol Legislature," 278. 
Carondelet, Governor, 89. 
Carpet-baggers, 260, 264. 
Carson, Col. Joseph, 104, 107, 109. 
Cass, Lewis, 161-163. 

Census, 1830, 152, 153; 1840, 179; 1850, 208; 

1860, 222, 227 ; 1866, 261 ; 1880, 292, 293 ; 

1890, 305. 
Centennial Exposition, Philadelphia, 284. 
Chambers, Henry, 142, 146. 
Champmeslin, M. de, 49. 
Chapman, Gov. Reuben, 166, 174, 186, 197, 

199, 203. 
Chateaugue, 37, 38, 49, 51. 
Chattahoochee River, 16, 43. 
Cherokees, 10 ; burial rites, 12 ; cessions 

by (1819), 129; removal of, 170. 
Chester, Peter, 70. 



Chickasaws, 10, 13-15 ; war with Choctaws, 

37, 58-60. 
Chilton County, 272. 
Chilton, William P., Judge, 209, 217. 
Choctaws, 10, 14 ; funeral rites, 15 ; war 

with Chickasaws, 37, 43 ; council of, 110; 

cede lands, 157. 
Choctaw Bluffs, 29. 
Chunke, Indian game, 15. 
Claiborne, Gen. F. L., 107, 111, 113-115. 

— Gov. William C. C, 92-94, 96, 101, 109. 
Clanton, Gen. James H., 253, 265, 274. 
Clark, Thomas H., 324. 

Clarke, Elijah, 88. 

— Richard H., 321. 

Clay, Clement C, Gov., 139, 150, 157, 159, 
168, 169, 175, 190, 193, 199. 

— Clement C, Jr., 211, 235. 

— County, 263. 

— Henry, 190. 
Claysville, 241. 

Clayton, Gen. H. De L., 248, 299, 310. 
Cleburne County, 263. 
Clemens, Jeremiah, 203, 211, 222, 233. 
Clopton, Judge David, 299, 300. 
Coal Fields, Warrior, 215. 

— Cahaba, 215. 

Cobb, Gov. Rufus W., 286, 287, 291. 
Cochran, Dr. Jerome, 303. 
Cocke, Gen. John, 111, 113. 

— Zitella, 325. 

Coffee, Col. John, 111, 118, 120. 

Cofitachiqui, 27. 

Colbert County, 263. 

Coleman, Thomas W., 305, 316. 

Collier, Judge H. W., 174, 204, 206, 209, 

210. 
Colony, condition 1704, 37 ; 1708, 40. 
Company of the East, 50. 
Company of the Indies, 50, 52. 
Company of the West, 46, 47. 
Compromise of 1850, 209. 
Confederate Monument, 309. 
Confederate soldiers, aid for, 309. 
Conservative party, 265. 
Constitution (1865), 259 ; (1875), 283, 284. 
Constitutional Amendment, 188. 
Convention, Constitutional, 131, 1.32, 283. 

— (1861), secession, 233, 234. 

— Charleston (1860), 2.30, 232. 

— colored (1892), 309,311. 



Index. 



li 



Convention, Democratic State (1848), 202 ; 
(1851), 210 ; (1875), 283. 

— Reconstruction (1865), 258 ; (1867), 265 ; 
(1868), 266, 267. 

— (Temperance) Selma, 212. 
Cooper, William, 193. 
Coosada (Koassati), Indians, 17. 
Council, William II., 311. 
County Court, first, 93. 
"Court-House legislature," 278. 
Cowetas, 113. 

Cox, J. W., 325. 

Creeks, 10, 12-14 ; origin of name, 16 ; 
Lower, Upper, 17 ; games and cere- 
monies, 20 ; councils, 22, 23 ; legends, 
24 ; council with, 79 ; treaty with (1790), 
80 ; cessions by (1814), 122, 161. 

Creek town described, warrior, 18. 

Crenshaw County, 263. 

Crook, James, 306. 

Crowell, John, 135. 

Croxton, Gen. John T., 253, 254. 

Crozat, Antoine, 41, 42, 44. 

Cullman, John G., 286. 

Curry, Dr. J. L. M., 324. 

Cusseta, Indian meeting (1787), 77 ; treaty 
at, 161. 

Dale, Samuel, 105, 109, 114 ; canoe fight, 

115, 118, 129. 
Dancing Rabbit Creek treaty, 157. 
Dargan, Judge E. S., 197, 208, 209. 
D'Artaguette, Diron, 39, 40, 58. 

— Pierre, .58-61. 

Dauphine Island, 33, 40, 41, 42, 49. 
Davis, Jefferson, 233, 298. 

— Nicholas, 158, 197. 
Dawson, N. II. R.,300. 
Deas, Gen. Z. C, 248. 
Decatur, 303. 
DeLeon, T. C, 325. 
Dellet, James 182, 189. 
DeMandeville, Mariguy, 43. 
Democratic and Conservative party, 272. 
Democratic party of Alabama, 265. 
Demopolis, 66. 

DeMuys, 39. 

Desnoettes, General, 131. 

De Soto, Hernando, 12, 13, 25-27, 28, 29 ; 

map of route, 30; 31. 
Dexter, Andrew, 148. 



Dix, Dorothea L., 206. 
Dow, Lorenzo, 138. 
Dred Scott case, 230. 
I)u Bose, Jno. W., 324. 
Duclos, 44. 
Duelling, law against, 149. 

East Lake Atheneum, 306. 
Echonachaca, 115. 
Ecuncharte, 42. 
Ellicott, Andrew, 80, 89. 
Elliott, Gov. John, 70. 
Ellis, Richard, 139. 
Elmore County, 263. 
Elyton Land Co., 289. 
Emuckfau, battle, 117. 
"English Turn," 35. 
Enitachopco, attack at, 117. 
Erwin, John, 204. 
Escambia County, 272. 
Epinay, M. de \\ 44. 
Eufaula, Indian Chief, 175. 
Evans, Augusta A., 222. 
Ewing, T. W., 304. 
Exports from Colony (1764), 68. 

Farmer, Major R., 67. 

Farmers' Alliance, 303, 307. 

Farragut, Admiral, 251, 252. 

"Federal Road," 103. 

Fitzpatrick, Gov. B., 183-186, 193, 203, 211, 

232, 258. 
Flat Heads (Indians), 14. 
Florence, 303. 

Florence Normal College, 277. 
Florida, East, ceded to Spain, 75 ; sold to 

United States, 102. 

— West, ceded to Spain, 75 ; sold to 
United States, 102. 

Flournoy, General, 107, 109, 114. 
Floyd, Gen. John, 111, 113, 117. 
Ford, Capt. Thomas, 07. 
Forney, Gen. John II., 242. 

— Gen. William II., 242. 
Forrest, Gen. N. B., 240, 241, 250. 
Fort Barrancas, 123. 

— Bowyer, attacked by British, 123. 

— Charlotte, 67, 71, 83. 

— Claiborne, 115, 116. 

— Conde de la Mobile, 40, 67. 

— Decatur, 122. 



lii 



INDEX. 



Fort Gaines, 251, 252. 

— Glass, 107. 

— Huger, 250, 253. 

— Jackson, 121 ; treaty of, 122. 

— Louis, 40. 

— Madison, lOr. 109, 114, 115. 

— Minis, 106, 107 ; massacre at, 108. 

— Mitchell, 113, 162. 

— Montgomery, 123. 

— Morgan, 250, 252. 

— Pan mure, 74, 89. 

— Powell, 251, 252. 

— Rosalie (Fort Panmure), 65, 74. 

— St. Michael, 123. 

— St. Stephens, 83, 92. 

— Sinquefield, 109. 

— Stoddart, 92, 97, 99. 

— Strother, 111, 112. 

— Tombecbe, 59 ; surrendered, 07; 83. 

— Toulouse, 43, 51, 53 ; abandoned, 67. 

— Tracy, 250, 253. 

— Tyler, 254. 

— Williams, 120. 
Francis, David, 104, 108. 

— the "Prophet,'' 109. 
Freedmen's Bureau, 260. 
Fry, Gen. B. D., 242. 

Gaines, Capt. Edward P., 97. 

— George S., 98, 109. 
Gaines (gunboat), 252. 
Galphin, George, 56. 
Galphinton, Indian meeting, 77. 
Galvez, Don B., 74, 78. 
Garland, Dr. L. C, 216. 
Garrott, Gen. I. W., 242. 

Gayle, Gov. John, 1.58-163, 167, 197. 
Geneva County, 272. 
Georgia cedes western lands, 93, 94. 
Georgia Company, 82. 
Georgia-Mississippi Company, 82. 
Gold discovered, 215. 
Goldthwaite, George, 217, 278. 

— Henry, 185, 189. 
Goliad massacre, 171. 
Goodwyn, A. T., 321. 
Gordon, Gen. John B., 238. 
Gorgas, Gen. J., 238, 285. 
Gracie, Gen. Archibald, 246. 
Granger, General, 2.53. 
Greene Academy, 137. 



Green Springs School, 298. 

Greensboro, Southern University, 216, 217. 

Hale County, 263. 

Hamilton, Peter J., 324. 

Haralson, Jonathan, 316. 

Harris, S. W., 210. 

Hartford (warship), 252. 

Hawkins, Benjamin, 99, 119. 

Hayden, Gen. J., 266. 

Head, James B., 316, 

Hentz, Caroline Lee, 222. 

Herbert, Hilary A., 313, 324. 

Hermes (ship), 123. 

Herndon, Thomas H., 278. 

Hickory Ground, 72, 121. 

Higdon, E. L., 325. 

High-Head Jim, 104. 

Highland Scotch, 84. 

Hiilabee town, 113. 

Hilliard, Henry W., 182, 189, 190, 210, 324. 

Hitchcock, Judge H., 173. 

Hitchiti tribes, 17. 

Hobson, Richmond P., 327. 

Hodgson, Joseph, 324. 

Holmes, Gov. David, 100. 

Holtzclaw, Brig.-Gen. J. T., 248, 252. 

"Holy Ground," 115; battle at, 116. 

Hooper, Johnson J., 222. 

Hopkins, Judge A. F., 173, 174, 190, 200. 

Horseshoe, Battle of, 120, 121. 

Houston, George S., 182, 259, 280-283, 285, 

286, 292. 
Howard College, 187, 188, 306. 
Hunt, John, 98. 

Hantsville, 98 ; convention at, 132, 136. 
— Normal School, 311. 

Iberville, 33-35, 37. 

Immigrants, rush of (1817), 129, 130. 

Indians, customs, industries, worship, 9, 
10 ; tribes, 11 ; origin of, 22 ; council, 
Mobile, (1765), 69; lands ceded, (1805), 
98, 124 ; question ended, 170. 

Indigo, cultivation of, 85. 

Industrial progress, 305. 

Insane, hospital for, 207. 

Insane criminals, treatment, 304. 

Iron furnaces, 215. 

Jackson, Gen. A., 110, 112, 120, 122, 134. 



Index. 



nil 



Jackson, Capt. M., 74, 

— Gen. W. H., 253. 
Jt'llerson College. 154. 
Jt'inison, Robert, 244. 
Jesuits,. 57. 

Jessnp, Maj.-Gen., 1(39. 
Jewett, Mile P., 180. 
Jews banished, 51. 
Johnson, President Andrew, 257. 
Johnston, Gov. Joseph F., 3(XJ, 316, 321, 323, 
327, 328. 

— Brig.-Gen. George D., 248. 

— ISlary, 325. 

Johnstone, Gov. Capt. George, 67, 69. 
Jones Count}-, 263. 
Jones, Richard C, 319. 

— Gov. Thomas G., 306-308, 311, 312. 
Jones's Bluff, 59. 

Judge, Judge Thomas J., 280. 

Judiciary organized, 138, 139 ; changes in, 

156, 157 ; made elective, 203. 
Judson Female Institute, 180, 181. 

Kearsarge (steamer), 248. 
Kelly, John, 146. 

— Brig.-Gen. J. H., 248. 

— William, 145. 
Kemper brothers, 96. 

— Reuben, 101. 
Kerlerec, 62. 

Key, Francis S., 163. 

King, William R., 140, 145, 157, 190, 200, 

201, 203, 211, 212. 
Kolb, Capt. R. F., 306, 307, 311, 312, 315, 

316, 321. 
Know Nothing party, 218. 
Ku Klux Klau, 276. 



LaFayette, Gen., 142, n. 

La Grange College. 153. Ir*^ ^ 

La Grange, General, 2.54. 

Lamar County, 263. 

Lane. Hector D., 311, 312. 

La Salle, 37. 

La Vente, 37, 39, 42. 

Law, Gen. E, M., 240, 

— John, 46, 47, 50. 
Lawler, Joab, 174, 181. 

— Levi W., 282. 
Lawrence, Major, 123, 124. 
Lead better, Brig.-Gen. D., 2.51, 



Lee County, 263, 

Legislature, biennial election of. 188. 

Lemos, M. Gayoso de, 89. 

Le Moyne, Charles, founder of family, 38. 

Le Vert, Octavia W., 222. 

Lewis, Burwell B., 319. 

— Dixon IL, 1.57, 1.59, 174, 184, 190, 200-202. 

— Gov. D. P., 278, 279. 

Ligon, Lieutenant-Governor R. F.. 281. 
Lindsay, Gov. R. B., 272-274. 
Line Creek, 28. 
Lipscomb, Dr. A. A., 217. 

— Judge Abner S., 139, 150, 151, 166. 
Local Option law, 303. 

Long, Benjamin M., 307. 

Longstreet, Gen. James, 2-38. 

Louisiana, first white settlement (map), 
34 ; defined, population (.1713), 41 ; di- 
vided into districts, 50. 

Luckett, Captain, 103. 

Lupton, Prof. N. T., 277. 

Lusser, M. de, 59. 

Lyell, Sir Charles, 215, 288. 

Lyon, Francis S., 167, 174, 193, 190, 208. 

McClellan, Judge Thomas N., 305. 316, .323. 
McClung, James W., 183. 
McConnell, Felix G., 189, 197, 198. 
McGillivray, Alex., 70, 72, 73, 76-79 ; visits 

George Washington, 80; 81. 
McGrew, W., 113. 
Mcintosh Bluff, 93, 99. 

— family, 86. 

— Capt. John, 86. 
McKee, John, 110, 146. 
McKinley, John, 146, 158. 
McKinstry, Alexander, 278. 
McKleroy, John M., 300. 
Mc(^ueen, Peter, 104. 
McVay, Hugh, Gov., 175. 
Mad Dog, Indian chief, 11.3. 
Madison County, established, 98. 

— i)opuIation (1810), 99 ; (1815), 125. 
Madison station, 241. 

Manley, Rev. Basil, 180, 216. 
Maiming, Judge Amos R., 280, 293. 
Maj) of Alabama, frontisinece. 

— of Alabama before 1S3(I. 1.55. 

— British West Florida, 66. 

— De Soto's Route, 30. 

— first white settlement, 34. 



liv 



INDEX. 



Map, location Indian tribes, 11. 

— Mississippi Territory, 90. 

— Georgia's original grant, 55. 
Marchand, Captain, 51, 73. 

— Sehoy, 73. 

Mardis, Samuel W., 159. 

Marion Female Seminary, 172, 173. 

Marion Military Institute, 187, 188. 

Marriages, first in colony, 37. 

Martin, Joshua L., 167, 174, 191-194, 197. 

Matamora, 48, 49. 

Maury, Gen. Dabney H., 253. 

— Matthew F., 277. 
Mauvila, 9, 16 ; battle, 29. 
Meade, Gen. George G., 266, 267. 
Medicine man, 15. 

Meek, Judge A. B., 215, 222. 

Methodist denomination founded, 57. 

Milfort, Le Clerc, 23, 24, 73, 78. 

Milner, John T., 221, 284, 289. 

Mineral region, 214, 215, 221. 

Mississippi Territory formed, 90. 

Mobile founded, 40 ; 41-44, 51, 70, 101, 124, 

250-252, 265, 270, 291 ; 295. 
Mobile Company, 137. 
Mobile County, 101. 
Mobile District, 96. 
Mobile and Girard R. R., 208. 
Mobile Harbor dredged, 309. 
Mobile and Ohio Railroad, 200. 
Montevallo Industrial School, 313. 
Montgomery and Eufaula Railroad, 274. 
Montgomery and Mobile Railroad, 269. 
Montgomery and Selma Railroad, 269. 
Montgomery Normal School (Colored), 302. 
Montgomery, new capital, 194; seat of 

Confederate Government, 233. 
Montgomery Railroad Co., 166. 
Moody, Young M., 246. 
Moore, Gov. A. B., 219, 220, 232, 233, 

237. 

— Gov. Gabriel, 128, 146, 151, 152, 158, 163, 
167, 175. 

— Gov. S. B., 158. 
Mordecai, Abram, 113. 
Moren, Lieut.-Gov., 272, 273, 278. 
Morgan, Gen. John T., 248, 286, 304, 315, 

324, 327, 328. 
Morcjan (gunboat), 252. 
Morris, Josiah, 289. 
Mount Vernon, 107. 



Murfee, Col. J. T., 270. 

Murphy, Go^. John, 146, 147, 150. 

Narvaez, P. de, 26, 27. 

Natche Town, 52. 

Natchez village, attack on, 61. 

Nelson, David M., 274. 

New Biloxi, 47. 

New Orleans, 47; capital of colony, 51. 

Normal College, Florence, 277. 

— School, colored, Montgomery, 302. 
Noyan, Chevalier de, 60. 
Nullification doctrine, 159-161. 

Gates, Gov. W. C, 316, 317, 319, 322, 325. 

O'Brien, Margaret, 325. 

Oglethorpe, J. E., 54-57. 

Oliver, Samuel W., 175. 

O'Neal, Brig.-Gen., 248, 293, 295, 299. 

Opothleyoholo, Creek Chief, 161, 169. 

Owen, John W,, 146. 

Owens, Hardeman, 162. 

— Thomas M., 324. 

Page, Gen. R. L., 251, 252. 
Paine, Robert, 154. 
Palmer, Major S., 306. 
Panton, Leslie «& Co., 84. 
Pan ton, William, 76. 
Paque, Ensign, 51. 
Parsons, Enoch, 167. 

— Gov. L. E., 258, 259. 
Patterson, Colonel, 241. 

Paiton, Gov. Robert M., 259, 262, 267. 
Pea River, Battle, 169, 170. 
Peck, E. W., 266. 

— Dr. Samuel M., 325. 

Pelham, the "Boy Artilleryman," 240. 

Penitentiary system, 179. 

Pensacola, 33, 49 ; capital, 67 ; 74, 123. 

Perdido River, 49. 

Perier, Rene B. de la, 52. 

Perkins, Nicholas, 97. 

Perry, Brig.-Gen. William F., 215, 254. 

Personal Liberty Laws, 229. 

Pettus, Edmund W., 242, 248, 321. 

Phelan, John D., 246. 

Pickens, Samuel, 138. 

— Gov. Israel, 142, 146. 
Pickett, Albert J., 223. 
Pierce, John (first school), 137. 



Index, 



Iv 



Pinckney, Thomas, 88, 122. 
Plan, battle of Horse Shoe, 121. 

— battle of Talladega, 112. 

— Fort Conde, 40. 

— Fort Louis de la Mobile, 36. 
Plank roads, 166. 
Plantations, life on, 225-227. 
Pollard's Station, 253. 
Pontchartrain, Lake, 34. 

Pope, Maj.-Gen. John, 262, 264-266. 

Porter, Benjamin F., 179. 

Powell, James R., 289. 

Powers, James Knox, 319. 

Pratt, Daniel, 166, 222. 

Pratt mines, 289 ; strike at, 315. 

Prattville, 166, 222. 

Presbytery of Alabama established, 138. 

Pryor, Luke, 292. 

Public school system, 180, 215. 

Pugh, Senator, 230, 292, 307, 322. 

Pushmataha, 104, 109, 110, 116, 118. 

Quitman, Gen., 201. 

" Raccoon Roughs," 238. 

Railroad bonds, State endorsement, 269. 

Railroad, first in Alabama, 158. 

— strike, 315. 
Randon's plantation, 114. 
Reconstruction acts, 262. 
" Red Eagle," 104. 

Red Shoe, Choctaw chief, 58, 62. 

Red Sticks, Creek warriors, 21, 104. 

Religious progress, 138, 305. 

Rice, Judge Samuel F., 197, 198, 217, 246. 

Richardson, William, 306. 

Robertson, James, 78. 

Rock landing, 79. 

Roddey, Brig.-Gen. P. D., 240, 248. 

Rodes, Brig.-Gen. R. E., 238, 246. 

Rodgers, Thomas A., 138. 

Ross, Jack F., 1.38. 

Russell, Colonel, 115-116, 

Ryan, Father, 324. 

Saffold, Reuben, 1.39, 166, 173. 

St. Helene murdered, 49. 

St. Stephens, 93 ; laid off, trade at, 98, 99. 

St. Stephens Academy, 128. 

St. Stephens Steamboat Co., 128. 

Saniford, William ?'., 220. 

Samford, William J,, 328. 



Sanders, Brig.-Gen. John C. C, 246. 

Sanford County, 263. 

Sanson, Ella, 241. 

Sargent, CJov. Wintlirop, 91, 94. 

Sauvole, M. de, 34, 35, 88. 

Savannah Jack, 129. 

Schools in early period, ir^e. 

Seagrove, James, 80. 

Seal, West Florida, 68, 69, 71. 

Seay, Gov. Thomas, 300, 301, 303, .307. 

Selina, 42, 148, 237; taken, 253, 295. 

Selma, Rome & Dalton Railroad, 200. 

Selma (gunboat), 2.52. 

Semmes, Rear- Admiral R., 248. 

Serigny, 38, 48, 49. 

Sliauniburg, Capt., 92. 

Sheffield, 303. 

— James L., 293. 

Shelley, Brig.-Gen. C. M., 242, 248, 292, 294. 
Shields, Gen., 201. 
Shorter, Gov. John G., 235, 236. 
Shortridge. George D., 218. 
Shoulderbone, treaty at, 77. 
" Sixteenth Section " f imd, 200. 
Slave owners, number of, 224. 
Slave code, 149. 

Slavery, firmly established, 47 ; contro- 
versy, 195-197, 201, 202. 
Smith, H. F., 241. 

— James, 115, 119. 

— Gov. William H., 267, 273. 

— Judge William R., 210, 219, 259, 270, 285, 
324. 

Soinerville, H. M., 293, 299, 300, 304, 305. 

South and North Railroad, 214, 209, 274. ' 

South Carolina Yazoo Co., 82. 

Southern Rights Party, 210. 

Southern University, Greensboro, 216, 217. 

Spanish Fort, 250, 252. 

Spencer, Senator, 268, 279. 

Spring Hill College, 153. 

Stanton, J. C, 289. 

State elections biennial, 193. 

States Rights men, 174. 

Steele, John, 91. 

Stewart, John, 69. 

Stone, Judge, 204, 300, 316. 

Streight, C^ol., 250. 

Stump speaking, 197. 

Sulphur Trestle, 2.50. 

Supreme Court, changes, 166, 217. 



Ivi 



INDEX. 



Swan eon, 70. 

Swayne, Gen. Wager, 264. 

Tait, Colonel, 73. 

Talladega County, 28 ; battle, 112. 

Tallapoosa River, 28, 43. 

Tallasahatchee, engagement at, 111. 

Tampa Bay, 26. 

Tariff, opposition to, 159, 160, 161. 

Taskaloosa (chief), 28. 

Taylor, Hannis, 324. 

— Gen. Richard, 254. 

— John M., 166. 
Tecumseh, 103, 104, 110. 
Tecumseh (monitor), 251. 
Tennessee Company, 82. 
Tennessee (ram), 251, 252. 
Tensaw, 83. 

Terry, Nathaniel, 191. 

Titus, James, 128. 

Tohopeka, 120. 

Tombeckbe Bank established, 128. 

Tombigbee, 14 ; settlers, 99. 

Tonty, Henry de, 34, 37, 38. 

Toulmin, Harry, 100, 102, 150. 

Tracy, Gen. Edward D., 242. 

Transportation, early, 143. 

Troy, Normal School, 302. 

Tukabatchi, 18; council at, 77. 

Tuomey, Prof. Michael, 214, 215. 

Turkey town, 112, 241. 

Tuscaloosa Falls, 110 ; made capital, 148 ; 

194. 
Tiiskaloosa, origin of, 24 ; (chief), 28, 29. 
Tuskegee, fort at, 43. 
Tuskegee Female College, 217, 218. 
Tuskegee Institute, 311. 
Tutwiler, Henry, 298. 
— Julia, 297. 
Twelve Mile Strip, 81, 94. 
Tyler, General, 254. 

"Underground Railway," 229. 

Union League of America, 265. 

University of Alabama chartered, 140; 154, 
216, 237; buildings burned, 254; 270 ; re- 
opened, 277; 285, 298, 319. 

Vaudreuil, Marquis de, 61, 62, 63. 
Vente, Henri R. de la, 137. 



Villemont, 51. 

Vincent, Isaac H., 296, 297. 

Walker, Judge Abraham J., 246, 261. 

— John W., 132, 140, 141, 145. 

— Judge L. P., 214, 235, 2.38. 

— Richard W., 245, 309. 
Warner, Senator Willard, 268. 
Washington Academy (St. Stephens), 137. 
Washington, Booker T., 311. 
Washington, capital moved to, county 

formed, 93. 

Washington College (University of Ala- 
bama), 154. 

Watts, Thomas H., 235, 244, 245, 307. 

Weatherford, William, 104, 108, 116, 122. 

Weatherford's Bluff, 115. 

Webb, Henry Y., 139. 

Wellborn, Gen. William, 169, 170. 

Wesleys, John and Charles, 57. 

West, Cato, 96. 

Wetumpka Falls, 166. 

— Penitentiary, 179. 

Western Railway of Alabama, 166. 
Wheeler, Gen. Joseph, 254, 324, 325. 
White, Alexander, 210. 

— General, 112. 

— Hugh L., 174. 

— James, 77. 
Whiting, John, 208. 
Whitney, Eli, 85. 
Wilkinson, Gen. James, 96. 
Willett, M., 79. 

Williams, Gov. Robert, 96, 98, 100. 

— Robert G., 167. 

— Marmaduke, 135. 
Willing, James, 73, 74. 
Wilson, Gen. J. H., 253, 

Winston, Gov. John A., 204. 212, 213, 

218. 
Withers, Gen. Jones M., 238. 
Wood, Gen. Sterling A. M., 240. 
Woods, Dr. Alva, 154, 180. 
WorWs Fair (1893), 309. 
Wyman, Prof. W. S., 319, 324. 

Yancey, William L., 190, 196, 201, 202, 210, 

211, 228, 230, 232, 234, 235; death, 242. 
Yazoo frauds, 82, 83. 
Yellow fever (1854), 217; 303. 



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UNIVERSITY 
SERIES OF COPY BOOKS 

A REVIEW SYSTEM OF VERTICAL PENMANSHIP 

Presents New, Original and Practical Features. 
It is Plain — Simple — Easy — Rapid — Groups its let- 
ters and copies according to Classroom Experience 
' and Necessities. 
It is arranged for Ample and Systematic Review. 

SIMPLIFIED PENMANSHIP 

C. p. ZANER, G. W. WARE, A. C. WEBB, 

Pres. Zanerian Art College^ Superziisor Penmanship, Supervisor Penmanships 
Columbus, Ohio. Dallas, Texas. Nashville, Tenn. 

IN EITHER SLANTING OR VERTICAL STYLES 

Advantages of these books : — 

I. Plainness. 2. Simplicity. 

3. Ease. 4. Rapidity. 

5. Educational. 6. Practical. 

7. Economical. 8. Progressive. 

9. Tested in the classroom. 

Correspondence regarding these admirable systems of Penmanship is invited by 

UNIVERSITY PUBLISHING COMPANY 

NEW YORK AND NEW ORLEANS 



